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Home My WebLink About53-24RESOLUTION NO. 53-24 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF FULLER) WHEREAS, Adam and Charlotte Fuller ("Owner") own the property commonly known as 14227 Amherst Court, Los Altos Hills, California (APN 182-41-014); 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 regular meeting held on the 19th day of September 2024, by the following vote: AYES: Mok, Schmidt, Tankha, Tyson, Swan NOES: none ABSENT: none ABSTAIN: none BY: /JJ) Sta2V-0RIbkMayor ATTEST: Aft, (LA- '*'�m�ka Birdsong -Miller, C' Jerk RESOLUTION 53-24 ATTACHMENT A 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 Cleric AGREEMENT FOR OPEN SPACE EASEMENT This Agreement for Open Space Easement ("Agreement") is made and entered into this 5l day of 10 , 2024, by and between Adam and Charlotte Fuller ("Owner") and the TO 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 14227 Amherst Court, Los Altos Hills, California (APN 182-41-014). 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 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 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 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 and Exhibit B, (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 (excluding solar panels), 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 C. 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. 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. See Attached --j( ��//tJ/[►� califomiaAll-Purpose Date: ` 1 , 2024 "�" `� Acknowledgement Adam Fuller, Owner Date: 714 ! 2024 e j;'- - Charlotte Fuller, Owner TOWN OV LOS ALTOS HILLS: 9 Date: 2024 St ok, ATTEST: �lo�iv lW �Gy —I 1 ika Miller, City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT 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 SkAK M0, On ( t 3 , 2024, before me, <�,'fSU�o 14 MrA/oH" , Notary Public, personally appeared _(' � aY 1A llpk who proved to me on the basis of satisfactory evidence to e the personN whose name(s)aare subscribed to the within instrument and acknowledged to me that he/hey executed the same in hij iet heir authorized capacity' ies), and that by his/ er eir signatures§) on the instrument the person, or the entity upon behalf of which the person() 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. sn�4 "'"a� TSUKO HARTNETT rr�n COMM, # 2426889 rn 14 X,W 10?ARY PUBUC•CALIPORNfA W • COUNTY OF $AM MACHO W COMM..EXP, DEC, 1A 2028 w8 Signature: (Seal) CALIFORNIA 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 ,I( A V _31, ! 7- before me, ETSUKO HARTNETT, NOTARY PUBLIC Date _J Here Insert Name and Title of the Officer personally appeared AdA m -'RL 1L QR Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person'() whose namev) s re subscribed to the'within instrument and acknowledged to me thatekhe/they executed the same in Is er/their authorized capacityk, and that by Is r/their signature( on the instrument the personj, or the entity upon behalf of which the persons) acted, executed the instrument. E C3UK COMM ,# 2426889 V7 Q NOTARYpU9lI0-CAW!09NIA t " My COMMAISO •ExGP Mc SANM2, 2028It . Place Notary Seal and/or Stamp Above 02019 National Notary Association 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. Signature Z � , �-� � �Iaz Zr Signature of Notary Public Exhibits A and B Legal Description of Open Space Easement Property and Plat Accompanying Description EXHIBIT "A" LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT DEDICATION 14227 AMHERST COURT, TOWN OF LOS ALTOS HILLS, SANTA CLARA COUNTY, CALIFORNIA An easement for Open Space purposes over that certain real property, situate in the Town of Los Altos Hills, County of Santa Clara, State of California, being a portion of "Lot 18, Tract No. 3306" as shown on that certain map entitled "Tract No. 3306, Page Mill Estates", filed in the office of the County Recorder of Santa Clara County on October 23, 1962 in Book 153 of Maps, pages 40,41 and 42, said easement more particularly described as follows: Beginning at the West corner of said Lot 18; Thence along the Northwest line of said lot, North 34°32'29" East, 167.00 feet to the North corner of said lot; Thence along the Northeast line of said lot, South 54°57'45" East, 142.73 feet; Thence leaving last said line, in a general southerly direction the following seven (7) courses: 1. South 40°24'39" West, 14.97 feet 2. South 50057'11" West, 24.91 fret 3. South 25037'57" West, 27.14 feet 4. South 13036'53" West, 63.06 feet 5. South 18044'39" East, 19.71 feet 6. South 4605358" East, 13.51 feet 7. South 0109'32" West, 25.66 feet to the Southwest line of said lot. Thence along last said line, North 57113'23" West, 204.62 feet to the Paint of Beginning. Containing 25,136 square feet, more or less As shown on plat attached hereto labeled Exhibit "B" and by this reference made a part hereof The bearings described are based on the Northwest line of said "Lot 18, Tract 3306" as shown on that certain map entitled "Tract No. 3306, Page Mill Estates" filed in the office of the County Recorder of Santa Clara County on October 23, 1962 in Book 153 of Maps, pages 40,41and 4.2, being "North 34032'29" East". END OF DESCRIPTION PREPARED BY OR UNDER THE DIRECTION OF: � • r. WEBER BLS 8162 .vim FC Page 1 of 2 LOT 25, TRACT NO. 3306DOC LANNDS OF KHAN 64 163 MAPS 40 APN: 182-41-025 POINT OF BEGINNING ---- - 7tv 3' PUBLIC UTILITY EASEMENT 167 1 Of ra OPEN SPACE � EASEMENT w,1 DDdO ATWN 25,136 SQ.FT.+ 0.58 ACRES—+7 11/ /' /S50'S1.4 9W S25'37'57"W S40'24'39"W 14.97' Sl 3'3653"W 63.06' LOT TO TRACT MOo 3306 T63 MAPS 40 LANDS 01= ARUN �i -.1 8'44'39"E 19.71' \-S46'53'58"E 13,51LANDS OF FULLER DOC N „ 182-41-014 S00 09'32 W APN 11 VICINITY MAP 1 No SUM APN: 182-41-013 r LOT 17 �P TRACT ink r� No. 3306 T63 MAPS 40 \-S46'53'58"E 13,51LANDS OF FULLER DOC N „ 182-41-014 S00 09'32 W APN 11 LANDS OF GIANG 1 DOC NO: 22891840 APN: 182-41-013 r THE BEARINGS 1 SHOWN ARE BASED ON THE NORTHWEST 1 LINE OF LOT 18, TRACT No. 3306 FILED IN BOOK 153 OF MAPS AT PAGES DOC NO: 22133896 I' 25.66' LOT 18 40-42, SANTA CLARA COUNTY APN: 182--41-060 1 TRACT NO. 3306 1 RECORDS, SHOWN AS 1 163 MAPS 40 1 N34'32'29"E • GROSS: 50,960 SQ.FT.+ 1.17 ACRES+ 1 NET: 25,824 SQ.FT.+ I, 0.59 ACRES+____ R=2-0.00' \ ........�.,..". �....� .�. L®55.51' 545'30'00"W 101.28'7, D=12'4323" N 0 25 50 100 SCALE: 1" =. 50' AMHERST COURT PUBLIC RIGHT OF WAY 10' PUBLIC UTILITY EASEMENT ALEA & BRAZE ENGINEERING, INC. o EXHIBIT 'B' mmummummomPLATT T ACCOMPANY LEGAL DESCRIPTION CIVIL. ENOINEERS • LAND SURVEYORS FOR OPEN SPACE EASEMENT DEDICATION SAY AREA REGION SACRAMENTO REGION 2496 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVDCA , #I 300 14227 A�dCH1sRST COURT, HP x$10) $87-4-086 RNIA 94646 P) E918 9� -"388 TOWN QIP' LOS ALTOS HILLS, �F3 �$10) 887-3019 �F) �018�797-7383 SANTA CLARA COUNTY, CALIFORNIA WWW.LEABRAZE.COM DRAWN BY: DN,/RF/PCW PAGE 2 OF 2 JOB NO 2211528 JULY 2024