Loading...
HomeMy WebLinkAbout52-24RESOLUTION NO. 52-24 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF BOURGAN FAMILY TRUST) WHEREAS, The Bourgan Family Trust ("Owner") owns the property commonly known as 14467 De Bell Road, Los Altos Hills, California (APN 175-05-002); 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: Stanl yor ATTEST: 11 �V,+11A&).11M&=M1_ a Birdsong -Miller, Ci Jerk RESOLUTION 52-24 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 Clerk AGREEMENT FOR OPEN SPACE EASEMENT This Agreement for Open Space Easement ("Agreement") is made and entered into this day of2024, by and between Bourgan Family Trust ("Owner") and the TOWN OF40S S HILLS, a municipal corporation, ("Town"). RECITALS A. Owner owns that certain real property in the Town. of Los Altos Hills commonly known as 14467 De Bell Road, Los Altos Hills, California (APN 175-05-002). 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 Propm. 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. OWNER: Date: / L f 2024 A661e B ourg stee Date: F — 141 2024 Susan Bourgan, Trustee • �� • ' • �G TOS MILLS: Date: �� 2024 ATTEST: 4alMtl�ler, City Clerk ID 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 Oaj,64, On 14 xq , 2024, before me, J%ApAj4/,dA/I%. %% � � � Notary Public, personal ppeared Aboio, 96�14/�A.9144,q14 9A...,�,am , who proved to me on the basis of satisfactory evideMe to be the person(s) whoseWame(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. M02HGAN V. 7ALE81 Notary Puhlic • California Santa Clara County Cammission 4 2382215 My Comm. Expires Nov 8, 2025 Signature: (Seal) Exhibits A and B Legal Description of Open Space Easement Property and Plat Accompanying Description EXHIBIT "A" LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT LANDS OF THE BOURGAN FAMILY TRUST, DOC. 25528398 14467 DE BELL ROAD, LOS ALTOS HILLS, CA. APNo. 175-05-2 AN EASEMENT OVER CERTAIN REAL PROPERTY, SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA; BEING A PORTION OF LOT 39, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "TRACT NO. 1286 PINECREST HEIGHTS NO. 2', FILED MAY 18, 1954, IN BOOK 50 OF MAPS, AT PAGES 14 AND 15, SANTA CLARA COUNTY RECORDS, BEING MORE PAR'T'ICULARLY DESCRIBED AS FOLLOWS:" BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 39 THENCE LEAVING SAID POINT OF BEGINNING OVER AND ACROSS SAID LOT 39 THE FOLLOWING COURSES: fi SOUTH 34"42'59" WEST, 57.00 FEET; SOUTH 73°4345" WEST, 43.00 FEET; SOUTH 46°05'09" WEST, 55.00 FEET; SOUTH 73043'45" WEST, 29.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 39; THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE, NORTH. 12°25'58" EAST, 70.00 FEET TO THE NORTHWESTERLY CORNER OF SAIL) LOT 39; THE, LEAVING SAID NORTHWESTERLY CORNER ALONG THE NORTHERLY LINE OF SAID LOT 39 NORTH 73°43'45" EAST, 131.39 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 5,456 SQUARE FEET, MORE OR LESS. A PLAT, ENTITLED EXHIBIT "I3", IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYORS ACT. .BRIAN L. STOCKINGER L.S. 6995 LAND Gay"© SGS ca BRIAN L. STOCI(INGER N0. L5 6995 Or CA�-� o za 40 so EXHIBIT" "B" SCALE 1 "-40" LOT 44 TRACT 86 50 MAPS 114 0' APNo. 175-05-7 OPEN SPACE AE 5 456 STF S73°43'45"W 29.00' S46°05'09"W 55.00' 573°43'45"W 43'.00' z rn �! LANDS OF THE BOURGAN C�. FAMILY TRUST DOC. 25528398 C� APNo. 175-05-2 v z 0 J � CI 00 o 00 (n *-- IO w cn y o0 g: 10 uoa N' o 00 R=880.0 ' L=113.02' D=7°21'30" exp.9/80/96 S34°42'59"W 57.00' POINT OF BEGINNIN LOT 39 TRACT No. 1286 50 MAPS 14 43,933± SQ.FT. 1.01± ACRES 74.00' S34°43'00"W R=855.00' - --- - -� 219,61 DE BELL TOAD (50') D=14°`-3' (PUBLIC) 25.00' LINE LSGEND SUBJECT BOUNDARY--^- �� CENTERLINE RIGHT OF WAY -- - - - — EASEMENT LINE. -- -- - �- - PLAT TO ACCOMPANY LEGAL DESCRIPTION ora g STAFF SURVEYOR: BRIAN STOCKINGER, L,S, CA. STATE LIC NO. LS6995 DATED: Jum, 28 20241 LOT 45 TRACT No. 1286 50 MAPS 14 APNo. 175-05-8 NE'ly corner n 0) LOT 38 TRACT No. 1286 50 MAPS 14 APNo. 175-05-1 0 50.00' SITE 'wi m FOR OPEN SPACE BASEMENTpABLS 7� TE 14467 DE BELL ROAD 6/28/24 APNo. 17S-05-2 SHEET TOWN OF LOS ALTOS HILLS SANTA CLARA COUNTY CALIFORNIA 1 OF 1 Cr VICINITY MAI' NNR ENGINEERING SERVICES CO. 535 WEYBRIDGE DRIVE, SAN JOSE, CA. 95123 PHONE: (408) 348-7813 NNRENGINEERING@YAHOO.COM Parcel Map Check Report Date: 3/18/2024 10:02:08 AM Parcel Name: Description: Process segment order counterclockwise: False Enable mapcheck across chord: False Segment# 1: Line "Course: SW 42' 59""W" "North: 1,968,423.6116"' Segment# 2: Line "Course: S730 43'45""W" "North: 1,968,411.5640"' Segment# 3: Line "Course: S46° 05'09 W" "North: 1,968,373.4187... Segment# 4: Line "Course: S73° 43'45""W" "North: 1,968,365.2935"' Segment# 5: Line "Course: N12° 2a' 58""E" "North: 1,968,433.6519'° Segment# 6: Line "Course: N73° 43' 45""E" "North: 1,968,470.4645"' Length: 57.00' "East: 6,088,022.1222"' Length: 43.00' "East: 6,087,980.8445"1 Length: 55.00' "East: 6,087,941.2249"' Length: 29.00' "East: 6,087,913.3864111 Length: 70.00' "East: 6,087,928.457011' Length: 131.39' "East: 6,088,054.5846"' Perimeter: 385.39' "Area: 5,455.61Sq.Ft." Error Closure: 0.0021 "Course: S39° 31'59""W" Error North: -0.00160 East: -0.00132 "Precision 1: 183,519.05"