HomeMy WebLinkAbout38-24RESOLUTION 38-24
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF THE TAORI FAMILY TRUST)
WHEREAS, The Taori Family Trust ("Owner") owns the property commonly known as 11170
Magdalena Road, Los Altos Hills, California (APN 336-40-083); 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 18th day of July, 2024, by the following vote:
AYES: Mok, Schmidt, Tankha, Tyson, Swan
NOES:
ABSTAIN:
ABSENT:
A TEST:
)Aka Birdsong -Miller, Wy Clerk J�
RESOLUTION NO. 37-24
By:
nley Mayor
I I his Doeminent Is Recorded
For the Benefit of the
Town of LosAltos Hills
And is Exe ftom Fee
Per Goverin Code
Sections nd 27383
)IN Recorded., Mail to:
Town of Los Altos Hills
263,79 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
- - ------------- ----------- ---------
TIfis Aureem- ent for Cp en Space Easement ("Agreement.") is made -and
f ri
,to this ?024 by and betwe The Tcao
entered in day o, I - ell
Family T nist ("Owner") and the TOWN OF LOS ALTOS HILLS, a municipal coiporation,
(11"Town"').
A. Owner owns, that certain real property in -the Town of Los Altos His
commonly knoN-kqi as 11170 Magdalena Road, Los Altos Hills, Calikwnia (APN 3.36-40-
083).
B. Town has adopted a General Plan and, pursuant thereto, may accept grants
of open space easements on pnvateiy owned lands, lying within the Town.
� J-:
C. ToNvn finds this open space easennt to be consistent with. the Town's
General Plan and in. the best interests of the ToNvn.
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
herebyagree as fb11oNvs.-
1. Grant of Open Space. E asement.. Owner., as grantor, hereby grants an open
space easement to the Town of Los Alto, s Iffills, a nium,cipal corporation in the Countyof_
Santa Clara, State of Cani r 'or a, over me real property described and shown as. Exhibit A
ana.Exhibi. (',the "Propert-y"'), to have and to hold said open'.sspac,e easern, ent for the term
It
ana ior me purposes and subjject to the conditions, covenants., and exceptions described
'
ern.
2.St.tut gZA-Lith oriz.ation. This Agreement and grant of open sped easement
,are made and enteredinto pursukant to -Chapter 6.6 conm-iencing with Section 51070 of Part
I!, Division- 1. Title 5 of the Government Code. This Agreement is sut to all of the
provisions of said sections andichapters including anyame-ndments thereto which may
hereafter be enacted.
3
0 . Restrictionon us f: Pr -op.Dutinc, tne ienn of this Agreement and the
... eL ! t�'
open space easement grant, ed herein, the Proper ty se ll. not be used for anypurpose other
enle an
than an open sac nt dthose uses related to orcompatible -therewith., Owner,
,P
for the direct benefit of the Propert�;, described herein, hereby declares that the Property
shall be suct to restrictivecovenanits ru.nn g, with the land which shall be binding upon
all subsequent grantees. Said restrictive covenants shall be:
a4 against the right, of Owner to construct any improvements on or
within the Property except for public and private -Litilities (excluding solar panel.s.)paths
dedicated -to the Town, approved drainaae installations,, sanitaTy sewer installations or an
approved s: tic system, and.mai nce of these nn ementtprovided thesereserved
el) I
exceptions shall be consistent with the purposes of maintaining and preserving the natural
or scenic characterof the land-, and
. -i
b. against the extraction of natural resources promeractivities which
may destroy the unique physical and scenic charact cs of to land, and
C. against the grading of land for reasons other than attendant to
permitted uses includiner but not limited to drainage improvements and i und
utilitiesand
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 ani. similarme c s.,- 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.
r"I
4. Exceptions. i ne City Council of the Town may authorize exceptions to the
-L eptir stent with the purposes
foregoing-,, restrictiv: covenants, .e a s ich exc ons are consi
of law and not incompatible with maintaining and pr -Ting the natural character of the
land.
5. Restrictions, on Public Use... The gablic shall not havea right of entry upon
the Property. The ria.ht of entry and surfhce use is limited solely to the Tomm, but only for
the put -pose of inspection of condition of the Property.
6. Tenn of A' gi -lis
,�eement, TI open space easement and A.greement shall be
effective on the date of recordation of this A,greement and sh,,cill remam" in eMct in
perpetuity, unless abandon ed pursuant to Government Code Sections 51093 and 51094 or
any successor legislation.
7. Successors in. Interest. This Agreement and the open space easemh
ent secill
ran with the land anct mall be binding -upo and inure -to the benefit of -the heirs, successor's
Z"n
and assigns of the parties hereto.
IT*-;
WITNESS WHERE. , the parties hereto do here-by,execu te -thismuree
aent.
Z7�
.Date. A2(024
Date.:
Date: � 20,24�
- NTT S L": �
Arik-a Mifler. City Clerk
U91AMM"VE
Rajiv Taori, Trustee
Ana r Taorl, ITustee
TOWN OF LOS ALTOS HILLS .-
StanleyQ Mbk,,, Mayor
Exlit,-.s.A and B
Legal Description of Open Space Easement Property
and Plat Acco- mpanying Description
CALIFORNIA ALL-PURP01SE ACKNOWLEDMENT CVVqL CODE
§ 11,89
A oY
ry lher o
�
at verifies only the identity of the
ntapubic :or otfficer o
cmpletina. this ceiiiii c
individual who signed the document to which this certific-ate is -attached, and not the
truthfillness., accuracy, or validity of fief dovum ent.
6y 9 W"A V I M U41 a W_ W"I, W1 9 01 4 t 2 1
•
On 2,0?14, before me, Notary
Public, personally appeared who
proved to me on the basis, o:f satisf�ctory evidence tobe the person(s) whose name(s) is/Am
subscribed to the Nvithili instrument and acknowledged to me that he/she/they exec ited the
same in his/her/their authorized capacity(ies),and that by his/hedtheir signature(s) on the
instrument the person., or the entity upon beh, alf of Which the person(s); acted, executed the
instiii Melit. I
I certify -under PENALTY OF PERJURY under the laNvs of the State. of California that the
foregoing paragraph is true and correct.
WMNESS my hand and official seal.
Signature."." (Seal)
EXHIBIT A
LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT
LANDS OF TAORI
11170 MAGDALENA ROAD, LOS ALTOS HILLS, CA
APN 336-40-083
An easement over a portion of Lot 1 of Tract 3689 in the Town of Los Altos Hills, County of
Santa Clara, State of California as shown on the map recorded January 22, 1965 in Book 190
of Maps at Page 18, Records of said County and State described as follows:
BEGINNING at the southeast corner of said Lot 1; thence along the southerly line of said Lot
1 South 8421'00" West (record South 8421'00" West per said map) a distance of 69.31
feet; thence leaving said southerly line North 28033'43" East a distance of 17.68 feet;
thence North 50018'12" East a distance of 19.71 feet; thence North 8357'06" East a
distance of 44.65 feet to the easterly line of said Lot 1; thence along said easterly line South
2004'46" East a distance of 26.02 feet to the POINT OF BEGINNING containing 1533 square
feet, more or less.
This legal description was prepared by me or under my direction in conformance with the
requirements of the Professional Land Surveyor's Act and is based on a field survey. The
attached plat showing the above described lands as EXHIBIT B is to be used to assist in
retracing the lines of this description.
The basis of bearings for this description is South 54021'00" East being the south line of Lot 1 of
Tract 3689 as shown on Book 190 of Maps at Page 18 Records of said County and State.
Kenneth D. Wilson
Land Surveyor - LS 5571
Wilson Land Surveys Inc.
261 Carlton Court
Los Gatos, CA 95032
805-703-0273
LAND SU��
0
2 N
Y Z
N0. 5571
PAGE 1 OF 1
2024.05.06
CSG - PC#2
ZB/DR
EXHIBIT B
(� (JA _ N89°02'00"W
8.30'
N- 65.11 f�1�
bZ00 APN: 336-40-084
LANDS OF TAORI
' DOC 25444501 z
APN 336-40-083
OVERALL AREA
44,149 SF 41-
rn
������J77 1.01 ACRES
TJ 0 A
�- OPEN SPACE EASEMENT
1533 SF
0.04 ACRES
Lp
'.5
1 2BASIS OF BEARING
25 S84°21'00"VN 236.66'
i
I � 1 POINT OF BEGINNING
APN: 336-40-066
LINE TABLE
VICINITY MAP
Include seal and LS signature NOT TO SCALE
at your discretion
0 25 50 100
ELISE CT
FE � ITE
1 inch — 5 ft. �PGpP�ENF AVE
SEAL
4.,
v9�<< 2 J
Date &
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR
OPEN SPACE EASEMENT
LANDS OF TAORI
11170 MAGDALENA ROAD, LOS ALTOS HILLS, CA
APN 336-40-083
NUM
'..._...___.__.._,.._...n__............_�......_.........�__
BEARING
_.__.
DISTANCE
Ll
s2`04'46" E
26.02'
L2
N83°57'06"E
44.65'
L3
N50°18'12"E
19,71'
L4
N2833'43"E
17.68'
L5
S84°2i'00"W
69.31'
LEGEND
PROPERTY LINE
— — — - EASEMENT BOUNDARY
— - CENTERLINE
DATE:
APRIL 2024 �WIL130
N
DRAWN BY: W
K D W Cy�� ° �¢� 261 CARLTON COURT
S LOS GATOS. CA 95032
SHEET (805? -703-0273
EMAIL:KENW ®W ILSONLANDSURVEYS.COM
1 OF 1 WWW.WILSONLANDSURVEYS.COM