HomeMy WebLinkAbout89-06 Ai
RESOLUTION NO. 8 9-0 6
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Graham)
WHEREAS, Kenneth D. and Anne B. Graham, husband and wife as Joint Owners
(collectively, "Owner") own the property commonly known as 2344 Old Page Mill 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 the Open Space Easement Agreement.
„l
PASSED AND ADOPTED this f 4 days 006
I
BY:
ayor
ATTE'. .
.44-- 0i4i,td
City Clerk ' •
•.
Attachment A
Open Space Easement Agreement
0, Attachment A to Resolution 89-06
DOCUMENT: 19361181 Pages: 12
11 111 11111 111 II Fees. . . . * No Fees
Taxes. . .
This Document Is Recorded Cop i es. .
For the Benefit of the AMT PAID
Town of Los Altos Hills
And is Exempt from Fee REGINA ALCOMENDRAS RDE # 001
Per Government Code SANTA CLARA COUNTY RECORDER 3/28/2007
Sections 6103 and 27383 Recorded at the request of 1 1 :37 AM
City
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
Thjsreemenm or Open Space Easement ("Agreement") is made and
entered into this ' day •' ' 41C.' •=' , 2006, by and between Kenneth D. and
Anne B. Graham, Husband and Wife as Joint Tenants, (collectively "Owner") 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 2344 Old Page Mill 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 grantors, hereby grant an open
space easement to the Town of Los Altos Hills, a municipal corporation in the County of
.� .i.
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 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.
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: , 2006
Kenneth D. Graham
(2Date: 1/1 CLA.Cin , 2006 UCS s--5
Anne B. Graham
OWN OF LOS ALTOS HILLS:
Date: , 2006 -fit
1Vgayor
ATTEST: % -
CityC 41111
.i .
6. Term of Agreement This open space easement and Agreement shall be
effective on the date of recordation of this Agreement and shall ren- n in effect in
perpetuity,unless abandoned pursuant to Government Code Sections 51090 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 beneii� of the heirs,
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto do hereby execute thi$ agreement.
OWNERS: I
Date: /211112-el4 Z 2 , 2006
Kenneth D. Graham
Date: _ , 2006 1
Anne B. Graham
! J
TOWN OF LOS ALTOS HILLS:
Date: , 2006 I _
Mayor
ATTEST:
City Clerk
•
90 39dd 0Idd0 1IPW S01111 SO1 6TLE8176059 88:0Z 900Z/TZ/E0
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STATE OF CALIFORNIA )
) ss:
COUNTY OF p v6 a
Richard D. Raines
On , 2006,before menthe undersigned Notary Public, personally appeared
Awe& L40/ , 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, executed the instrument.
WITNESS myhand and official seal. H� o o.wines
� eirrio%, C®6i1�llia.#1598116 rnt,: Notary Public.Callfomia
441,0 SANTA CLARA COUNTY
My Comm.Exp.Aug 27,2009 I
Signature
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 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
WiN6avi NACrTo
STATE OF
A )
) ss:
COUNTY OF I (r )
On MP 2(44 , 2006, before me,the undersigned Notary Public,pers «orally appeared
PG-talc-11k b.EatergeArsonally known to me or proved to me on the basis •f satisfactory
evidence to be theerson whose name is subscribed to the within instrum• t and
d
acknowledged to me that they executed the same in their authorized capa•ity, and that the
signature on the instrument the person, or the entity upon behalf of which the person
acted,executed the instrument.
WITANS hand and official seal.
J.« m Y
sr,'",,„%
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OaOta s
(16. rt ASND,,.•
STATE OF CALIFORNIA )
) ss:
COUNTY OF )
On 2006, before me, the undersigned Notary Public,pens s i ally appeared
personally known to me or proved to me on the basis satisfactory
evidence to be the person whose name is subscribed to the within instrum: t and
acknowledged to me that they executed the same in their authorized capac tb, and that the
signature on the instrument the person,or the entity upon behalf of which lre person
acted,executed the instrument.
WITNESS my hand and official seal.
Signature
90 39dd OIdd0 1IVW SOl1V1 SOS ETLE8176099 8E:06 9002/Tz/E0
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Exhibit A
Legal Description of O en S ace Easement Property
P P P Y
and Plat Accompanying Description
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EXHIBIT"A" _ n,Z, �sG
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Legal Description of . f,r. i7/„,/o i 1.
Open Space Easement over ... %,
Parcel 2, Lands of Graham ���+ � ;; ''
Los Altos Hills, California -4-.' i/4/6 c
All that certain real property in the Town of Los Altos Hills, County of Santa Clara, State
of California, described as follows:
Being a 25.00 foot wide strip of land over Parcel 2, as shown upon that certain Parcel Map
entitled"Lands of Baumgartner", which was filed for record on October 12, 1977 in Book
405 of Maps, at Pages 34&35, Santa Clara County Records, and being more particularly
described as follows:
Beginning at a point on the southwest property line of said Parcel 2, said point being
located North 53°23'29" West, 34.83 feet from the most southerly corner of said lands;
Thence, from said point of Beginning, following along said southwesterly property line,
North 53°23'29"West, 26.38 feet;
Thence, leaving said southwesterly property line, North 17°59'18" East, 51.65 feet;
Thence, North 00°24'36"West, 81.89 feet;
Thence, North 18°45'05" East, 110.12 feet, to a point on the northeasterly property line,
said point being North 68°55'05"West, 105.75 feet from the most easterly corner of said
Parcel 2;
Thence,following along said northeasterly property line,South 68°55'05"East,25.02 feet;
Thence, leaving said northeasterly property line, South 18°4605" West, 104.89 feet;
Thence, South 00°24'36" East, 81.72 feet;
Thence, South 17°59'18" West, 64.12 feet, to the point of beginning;
Said 25.00 feet wide strip of land containing 0.14 acres.
End of Description.
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L EASEMENT
r ` Giuliani 8z Kull,Inc. SCALE: 1"=40' PLAT TO ACCOMPANY
t DATE: 4/3/06 LEGAL DESCRIPTION
Engineers • Planners • Surveyors DRAWN: E.T. OPEN SPACE EASEMENT
4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: C.M. PARCEL 2 (405 M 35)
(408) 615-4000 Fax (408) 615-4004 JOB NO.: 05226
Auburn • San Jose • Oakdale SHEETS: 1 OF 1 LOS ALTOS HILLS, CALIFORNIA
F:\2005\05226\dwg\05226PLAT.dwg 3/2/2006 10144:17 AM PST
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EXHIBIT"A" ' 0.1 110. 7078 70
Legal Description of
Open Space Easement over
Parcel 2, Lands of Graham 4,014.‘
Los Altos Hills, California
All that certain real property in the Town of Los Altos Hills, County of Santa Clara, State
of California, described as follows:
Being a 25.00 foot wide strip of land over Parcel 2, as shown upon that certain Parcel Map
entitled"Lands of Baumgartner", which was filed for record on October 12, 1977 in Book
405 of Maps, at Pages 34&35, Santa Clara County Records, and being more particularly
described as follows:
Beginning at a point on the southwest property line of said Parcel 2, said point being
located North 53°23'29"West, 34.83 feet from the most southerly corner of said lands;
Thence, from said point of Beginning, following along said southwesterly property line,
North 53°23'29" West, 26.38 feet;
Thence, leaving said southwesterly property line, North 17°59'18" East, 51.65 feet;
Thence, North 00°24'36" West, 81.89 feet;
Thence, North 18°45'05" East, 110.12 feet, to a point on the northeasterly property line,
said point being North 68°55'05"West, 105.75 feet from the most easterly corner of said
Parcel 2;
Thence,following along said northeasterly property line, South 68°55'05"East,25.02 feet;
Thence, leaving said northeasterly property line, South 18°45'05" West, 104.89 feet;
Thence, South 00°24'36" East, 81.72 feet;
Thence, South 17°59'18" West, 64.12 feet, to the point of beginning;
Said 25.00 feet wide strip of land containing 0.14 acres.
End of Description.
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MOST SOUTHERLY 'CL 7078 xi,.
CORNER OF PARCEL 2
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,7- AREA OF A/c. COI
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OPEN SPACE CRS „
f_J EASEMENT
-66
r ` Giuliani & Sull IncSCALE 1"=40' PLAT TO ACCOMPANY
t . DATE: 4/3/06 LEGAL DESCRIPTION
Engineers • Planners • Surveyors DRAWN: E.T. OPEN SPACE EASEMENT
4880 Stevens Creek Blvd. Suite 205 Son Jose, CA. 95129 CHECKED: C.M. PARCEL 2 (405 M 35)
(408) 615-4000 Fax (408) 615-4004 JOB NO.: 05226
Auburn • San Jose • Oakdale SHEETS: 1 OF 1 LOS ALTOS HILLS. CALIFORNIA
F:\2005\05226\dwg\05226PLAT.dwg 3/2/2006 10:44:17 AM PST
0 o ill
RESOLUTION NO. 8 9—0 6
RESOLUTION OF THE CITY COUNCIL OF THE
1 TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Graham)
WHEREAS, Kenneth D. and Anne B. Graham, husband and wife as Joint Owners
(collectively, "Owner") own the property commonly known as 2344 Old Page Mill 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 execut- the Open Space Easement Agreement.
PASSED AND ADOPTED this I 4/44-day'r*A it_' ' ier blikI
6
BY: g f
ayor
e „ ed as a true copy
mak Olittd
City Clerk By
%i ��' �J�.
City'—'017:k of the To, of Lo tos Hi s