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Home My WebLink About51-24RESOLUTION NO. 51-24 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF MENON FAMILY TRUST) WHEREAS, The Menon Family Trust ("Owner") owns the property commonly known as 27790 Stirrup Way, Los Altos Hills, California (APN 182-07-018); 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 ATTEST: A RLL2�Eod��CJ/LC4)A t0&J\_ ka Birdsong -Miller, Ci4 Clerk RESOLUTION 51-24 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 A§reement for Open Space Easement ("Agreement") is made and entered into this ,3 r_ day of Jp-,qfe"bfr , 2024, by and between Menon Family Trust ("Owner") and the TOWN 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 27790 Stirrup Way, Los Altos Hills, California (APN 182-07-018). 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 PropertX. 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 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. 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. Date: ii '2024 Date: , 2024 Date: 9 2�5 , 2024 ATTEST: 1 a Miller, City Clerk Neha Parikh Menon, Trustee TOWN OF Stanley ALTOS HILLS: 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 DCA� ��Gt1-(5k) r A V On ew 1'�w 2024, before me, �C�v►-I ��i��` , Notary Public, personally appeared y-G\/A \A-C',.t c Ne?.lr>a,G� i ��U -@nark who proved to me on the basis of satisfactory evidence to to 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. Signature pl l l l l l l l l l l l l l l l i l l l l l l l l l l l l l l i l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l 11 l l l l l l l l l l l l l l l l l l l� VIOLETA MARIA SANTA GAOEA LOPEZ ' COMM. ,#2378513 LL NOTARY PUBLIC - CALIFORNIA (Seal) SANTA CLARA COUNTY My Comm. 8sp, Nov. 10 2025 �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIililllllllililllllllllllilllllllllllllitlllllllllllllll� EXHIBIT "A" LEGAL DESCRIPTION OPEN SPACE EASEMENT DEDICATION LANDS OF THE MENON FAMILY TRUST 27790 STIRRUP WAY, LOS ALTOS HILLS, 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 8, Tract No. 6297" as shown on that certain map entitled "Tract No. 6297, Saddle Mountain Estates" filed in the office of the County Recorder of Santa Clara County on July 10, 1978 in Book 422 of Maps at Pages 17, 18, 19, 20, 21 and 22, said easement more particularly described as follows: Beginning at the Southwest corner of said Lot 8; Thence along the West line of said lot North 4'03'10" West, 166.69 feet; Thence leaving last said line along the following seven (7) courses: 1. South 44°58'48" East, 23.99 feet 2. South 57104'04" East, 19.95 feet 3. South 67°00'01" East, 29.88 feet 4. South 73°06'21" East, 64.06 feet 5. South 78°49'40" East, 32.95 feet 6. North 82145'57" East, 30.74 feet 7. South 76135'42" East, 20.20 feet to the East line of said lot. Thence along last said line South 3100'00" West, 42.65 feet to the Southeast corner of said lot; Thence along the South line of said lot South 73°00'00" West, 199.68 feet to the Point of Beginning. Containing 17,788 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 West line of said "Lot 8, Tract 6297" as shown on that certain map entitled "Tract No. 6297, Saddle Mountain Estates" filed in the office of the County Recorder of Santa Clara County on July 10, 1978 in Book 422 of Maps at Pages 17, 18, 19, 20, 21 and 22, being "North 04'03'10" West". END OF DESCRIPTION PREPARED BY OR UNDER THE SUPERVISION OF: NAprojects\2021_J0BS\2212313 SU\dwg\0SE\working\EXHI3IT A.doex Page 1 of 2 `%rl Z.d..�,f ,0 SAND � STIRRUP' WAY °°o°00000a°o°° (40')j-pDANIEL J•°oo --�10'PUBLIC (PUBLIC RIGHT OF WAY) N M T o UTILITY - - - (__ _ A 01/ 0 EASEMENT T:4) sT °No.98310 �� ht40 N87'0000"W qrF OF cn�° 1pa'� t-76.'1 ,, 35.28 ; •� c.1.1�•p0'po �� 4-109'06'p� w N •. ® R=20.00 PROPERTY _ L=16.82' Q N LINE TYPE 0 48'11'23' LOT 8, TRACT NO. (529 LI O 10' SANITARYSEWER 422 M 17-22 U °° 9� EASEMENT QR(033° �= 896 9 %Q.FT.+ z Lot 1°007 �,Cc RES+LO 544°58'48"E EASEMENT NET -,28,791 SQ°F�j + M N clq a N 23.99' LINE TYPE 0095ACRES+ U' S57°04'04"E LANDS OF MENON 19.95' DOC. No.: 25640749 o S67'00'01"E APN: 182-07-018 29.88' S76'35'42"E Q Q ® S78049'40"E 20.20' cn® 32.95' o ;d, S,3 N82045'57"E o, a LL_zl 21 "F 30.74 Q O 64'06* /LTi OPEN SPACE 0 to Q to EASEMENT (0 a ® DEDICATION 179788 SQ.FT+ 0.41 ACRES+— W 199 6$ 513.00 0p ILOo 5r 9 TRACT NO. 6297 POINT 0 20 40 80 422 OF �-- LANDS OF SANKAR BEGIN— I APN: 182-07— NING � I 019 SCALE: 1" = 40'� e� 20' 0 o; a: E a nam z 0 m: too v ¢z� o9z Amo U ZN� 0: z D i— F�- `� cn EXHIBIT "B" L4_ LEA & BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY AbmmmdL CIVIL ENGINEERS • LAND SURVEYORS LEGAL DESCRIPTION FOR BAY AREA REGION SACRAMENTO REGION OPEN SPACE EASEMENT DEDICATION 2495 INDUSTRIAL PKWY ST 3017 DOUGS BLVD HAYWARD, CALIFORNIA 4545 ROSEMLLE,LACA 956,61# 6'61 300 27790 STIRRUP WAY �P) (810) 887-4086 P) 916)966-1338 LOS ALTOS HILLS, CALIFORNIA F) (S10) 887-3019 �F) (916)797-7363 WWW.LEABRAZE.COM SANTA CLARA COUNTY DRAWN BY: PCW PAGE 2 OF 2 JOB NO: 2212314 Cl JUNE 2024