HomeMy WebLinkAbout99-23RESOLUTION 99-23
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF DECO HOMES LLC)
WHEREAS, Deco Homes, LLC ("Owner") owns the property commonly known as 25240 Cantata
Way, Los Altos Hills, California (APN 175-39-007); 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 ("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;
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;
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;
WHEREAS, the Agreement for Open Space Easement contains the appropriate restrictions and
covenants to preserve the natural and scenic character of the land; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does
hereby accepts on behalf of the public, and for the purposes therein described, 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 13th day of November, 2023, by the following vote:
AYES: Swan, Mok, Schmidt, Tankha, Tyson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
0",Itv�Z�2z�l-,
eborah L. Padovan, City Cleric
BY:
Resolution 99-23
Linda G. Swan, Mayor
Page 1
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 8 day of k'� OftV1 X , 2023, by Deco Homes, LLC
("Owners"), the owners of the property located at 25240 Cantata Way, 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 25240 Cantata Way, Los Altos Hills, California (APN 175-39-007).
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:
Resolution 99-23 Page 2
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,
(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 public and private utilities, paths dedicated to the Town,
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 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
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
of law and not incompatible with maintaining and preserving the natural character of the
land.
Resolution 99-23 Page 3
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: i , 2023
Deco Homes, LLC (Signature)
Date: "W—O- '2023
ATTEST:
Debora h L. radovan, City Clerk
"WA WVq'I"
Authorized Agent Name
TOWN OF LOS ALTOS HILLS:
Linda Swan, Mayor
Resolution 99-23 Page 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT
1189
CIVIL CODE
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
OnV)DyC ^(M 3 , 2023, before me, `�V(Sift' , Notary
Public, personally appeared YAM Iter 1M_ L\t y),fi(' j SAS- n , who
proved to me on the basis of satisfactory evidence to be the persoA(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.
a
Signature:
EMINA S#TE2T4A
Notary Public - Cal5i
590
n4a
Santa Clara County
Commission
(Seal) Y My
Comm. Expires Jul 30, 2027 ~
Resolution 99-23 Page 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 November 13, 2023, before me, Deborah L. Padovan, Notary Public, personally appeared
Linda G. Swan, 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.
Seal
Signature: g (seal)
5� DEBORAH L. PADOYAN
g ' Notary Public - California
s c Santa Clara County
Y *
MY
Commission # 2455162
Comm. Expires Jul 25, 2027
Resolution 99-23 Page 6
I, Deborah Padovan, duly appointed City Clerk for the Town of Los Altos Hills, do
hereby certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing is true and correct.
WITNESS my hand and official seal.
Deborah Padovan, City Clerk
Date: November 13, 2023
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 99-23 Page 7
RESOLUTION 99-23
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF DECO HOMES LLC)
WHEREAS, Deco Homes, LLC ("Owner") owns the property commonly known as 25240 Cantata
Way, Los Altos Hills, California (APN 175-39-007); 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 ("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;
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;
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;
WHEREAS, the Agreement for Open Space Easement contains the appropriate restrictions and
covenants to preserve the natural and scenic character of the land; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does
hereby accepts on behalf of the public, and for the purposes therein described, 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 13th day of November, 2023, by the following vote:
AYES: Swan, Mok, Schmidt, Tankha, Tyson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
BY:
Linda G&,,$wjj%, Iayor
10S Ar
01
-
w o s• �yGORPOR�T�d : r
Certified as a true copy
. l*
s*° ARX, 2'1,�
y
Vjr4�ou+ld�
Resolution 99-23 % • °' • °'' •��,,`e`.
°il� ;
City' Clerk of the os Altos Mills
,FOR,��%
Date: August 10, 2023 Address: 25240 Cantata Way APN: 175-39-007 Los Altos Hills, CA 94024
EXHIBIT "A" LEGAL DESCRIPTION FOR OPEN SPACE
EASEMENT, 25240 CANTATA WAY, LOS ALTOS HILLS
An Open Space Easement over a portion of land lying within Lot 6 shown upon the "Map of the M. &
M. Taafe Subdivision of Lot 4...", filed July 15, 1897 in Volume "I" Maps, Pages 72 and 73, a portion of Lot
A as shown upon the "Map of the Subdivision of Hale Ranch" filed January 14, 1897 in Volume "I" Maps,
Pages 48 and 49, within "PARCEL ONE" described in Deed Doc. No. 24227529 to Deco Homes, LLC,
recorded July 17, 2019, Santa Clara County Records, State of California, the northerly, northwesterly, and
northeasterly line of said Open Space Easement calculated from the "Top of Bank in July, 2019" depicted
upon a Record of Survey filed with the Santa Clara County Recorder July 19, 2022 in Volume 948 of Maps
at Page 25, and being more particularly as follows:
BEGINNING at the most westerly corner of said "PARCEL ONE" as described in Deed Doc. No.
24227529, at the southeasterly line of a 50 foot wide Driveway for Ingress / Egress Easement depicted upon a
Record of Survey filed March 9,1962 in Volume 143 of Maps at 56, and also shown upon said Record of
Survey filed in 948 Maps 25; thence along the southwesterly line of "PARCEL ONE", South 1721' 56"
East( described as North 16055' Westin said Deed Doc. No. 24227529), 281.27 feet to said "Top of Creek
Bank in July, 2019" shown upon said 948 Maps 25, and the TRUE POINT OF BEGINNING; thence along
said southwesterly line of "PARCEL. ONE", North 1721' 56" East, 25.31 feet to a line that is 25 feet and
generally parallel, right angle measure, with said "Top of Creek Bank in July, 2019"; thence along the
following courses - North 81032' 41" East 7.76 feet, North 62°00' 04" East 0.69 feet, North 48'21' 00"
West 8.89 feet; North 28029' 48" East 19.09 feet, North 54°36' 31" East 48.96 feet, South 84'54' 31" East
22.44 feet, North 41 U 10' 51" East 6.41 feet, North 52140' 48" East 20.51 feet, North 4 010'08" East 1.81
feet, North 3 040' 45" West 31.49 feet, North 35017' Ol" East 36.18 feet, North 32021' 57" East 26.69 feet,
North 41°07' 41" East 7.85 feet, North 10'51' 31" West 9.20 feet, North 2°02' 38" West 21.05 feet, North
16005' 56" East 21.16 feet, North 14'07' 14" East 17.87 feet, North 351101' 19" East 20.33 feet, North 28
19' 16" East 29.25 feet, North 79'22' 03" East 30.55 feet, South 73'30' 34" East 2.31 feet, North 36°01'
37" East 32.18 feet, North 35'34' 27" East 35.50 feet, North 51"25'25" East 43.28 feet, North 88'36' 31"
East 28.13 feet, South 7839' 36" East 12.92 feet, North 73"33' 58" East 14.81 feet, North 5457' 30" East
5.02 feet, North 59'181 32" East 25.66 feet, and North 26022' 07" East 31.39 feet to the northeasterly lane of
said "PARCEL ONE" depicted upon said 948 Maps 25; thence along said northeasterly line of said
"PARCEL ONE", South 27' 17' 30" East, 31.04 feet to said "Top of Creek Bank in July, 2019" as depicted
upon said 948 Maps 25; thence along said "Top of Creek Bank in July, 2019" in a general southwesterly
direction and generally parallel with the same courses of the northwesterly line of this proposed Open Space
Easement, excepting therefrom all portions lying southeasterly of the angled boundary line of said "Parcel
One" shown as the "Lands of Deco Homes, LLC" upon said 948 Maps 25, to the southwesterly line of said
"PARCEL ,ONE" to the TRUE POINT OF BEGINNING. Said Easement containing 15,455 square feet of
land, more or less. A Plat entitled Exhibit "B" is attached hereto and by this reference, made a part hereof.
/® //- 2- Z-?
,�Or V
Jeffrey M. Barna, L.S. 7044 Date
License Expires 12-31-24 Resolution 99-23
o `-ANO
12f i
�24 Page 1 of 3
Exp. Q
Lic. 07044 ��` Page 9
Op 0AV�
Bearings & distances along northwesterly line of the 25 foot -wide Easement oI.
E 1 N 81-32'41" E, 7.76' E 12 N 32°2157" E, 26.69'
E2
N 62'00'04"E,
0.69'
E13
N 41-07'41"E, 7.85'
E3
N 48"21'00"
E, 8.89'
E 14
N 10-51'31" W, 9.20'
E 4
N 28-29'48"E,
19.09'
E 15
N 2-02'38" W, 21.05'
E5
N 54-36'31"E,
48.96'
E 16
N 16-0556"E, 21.16"
E6
S 84-54-31"E,
22.44'
E 17
N 14° 07'14"E, 1Z87'
E 7
N 41'10'51"E,
6.41'
E 18
N 35001'19"E, 20.33'
E8
N 52 °40" 48"
E, 20.51'
E 19
N 28° 19' 16" E, 29.25'
E9 N4°10'08"E, 1.81' E20 N 79°22'03"E, 30.55'
E 10 N 3 °40' 45" W, 31.49' P.O.B. Point of Beginning.
E11 N 35°17'01"E, 36.18"
y0
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emtP ��a0t NO
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T.P.O.B. True Point of
Beginning.
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•
f ` GRAPHIC SCALE: 1 40'
ET .�,..J
0 40 80
�,�qq �� LEGEND
�►' 51-,�®1& I.P. o Iron pipe found per 948 M, 25.
ca - • • • -- Toe of bank at Creek edge.
Q •-------- Top of bank per 948 M. 25
Property tines per 948 M. 25.
Northwesterly edge of proposed
254ide Open Space Easement.
— -- Match Line.
Gray shaded triangular areas not
included in this easement
Exhibit "B" Plat to Accompany Legal
Description for Open Space Easement
Page 2 of 3
vd _ `0556
�ief�,reyvM.arnea, L.S. 7044 Date
j 1211 , �, 24 License expires i2-31-24 GP��P fig( ��ee�eP 5ry�LN
Exp.
Lia. # 7644
Bearings & distances along line
of northwesterly 25 - foot Easement F;1 ��� "Q�9�5a W eco oy
5 E21 S 73°30' 3411E, 2.31'
E22 N 36-01 37"E, 32.18'
00
go, �gQD
E23 N 35-34'27"E, 35.50' Se
o
E24 N 51"25'25"E, 43.28' 11
E25 N 88036'31"E, 28.13` 15+ �Z� :;,'�•_ -`�
E26 S 78-39136-E, 12.92' E25 E26 �, ��� '.•'� E27 N 73°33' 58" E, 14.81' 'a " :� G •' "'� �`
E28 N 54'57' 30-E, 502`
E29 N59°18`32"E, 2566' ``•. ! •Q°��
E30 N 26"22'07"E, 31.39' ty�`� .� •r �' �' a v 5 5g� ��'
16,
>: 5
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LOCATION MAP
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PROJECT
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1 i 2�4 3g FOOT14ILL � F
colt�g EC COLLEGE
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v Mo�E ROApCO
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0 40 80
'Top of Creek Bank GRAPHIC SCALE. I " = 40'
in July, 2019" as shown
upon 948 Maps 25 Exhibit "B" Plat to Accompany Legal Description for Open Space Easement
Resolution 99-23 Page 1 l
Page 3 of 3