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Home My WebLink About56-24RESOLUTION 56-24 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (LANDS OF NEARY-VIDOVICH) WHEREAS, Neary-Vidovich, a California General Partnership ("Owner") owns the property commonly known as 12187 Kate Drive, Los Altos Hills, California (APN 336-26-023); 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 22nd day of October, 2024, by the following vote: AYES: Mok, Schmidt, Swan, Tyson NOES: None ABSTAIN: None ABSENT: Tanka BY: Ag� Stanley Q. Mok, May ATTEST: Resolution 56-24 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 1Z for Open Space Easement ("Agreement") is made and entered into this r'`� day of L2&66e r , 2024, by and between Neary- Vidovich, a California General Partnership ("Owner") and the TOWN OF LOS ALTOS HILLS, a municipal corporation, ("Town"). RF.C:TTAT.R A. Owner owns that certain real property in the Town of Los Altos Hills commonly known as 12187 Kate Drive, Los Altos Hills, California (APN 336-26-023). 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 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. OWNER: Date: 2 O c Z , 2024.E Joh idovich, Managing General Partner Date: 6C ' 25, 2024 ATTEST: a Miller, City ClerU TOWN OF LOS ALTOS HILLS: - 2ae—," Stanleyy. Mok, Mayor 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 On 2 , 2024, before me, K�;S};,�� a , Notary Public, personally appeared �o�,,,�,y ; aov �� , 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. joKRISTIN A. FRYKLANDWITNESS my hand and official seal. Notary Public. CaliforniaSanta Clara County Commission # 2353256 My Comm. Expires Apr 25, 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 NEARY-VIDOVICH - 12187 KATE DRIVE, LOS ALTOS HILLS, SANTA CLARA COUNTY, CALIFORNIA All that real property lying within the Town of Los Altos Hills, County of Santa Clara, State of California, being an easement, 25 feet in width, for open space purposes, lying over, on and across a portion of Lot 12 as shown on that certain map of Tract No. 8872, `Quarry Hills', filed June 10, 1998 in Book 703 of Maps, at Pages 20-32, Records of said County, being more particularly described as follows: Commencing at the most southerly corner of said Lot 12; thence along the southwesterly boundary of said Lot, North 510 19' 00" West 10.02 feet to the intersection thereof with the northwesterly line of that 10 foot wide Private Storm Drain Easement shown lying within said Lot, said intersection being the True Point of Beginning; thence leaving said boundary, along said northwesterly line, North 420 20' 34" East 128.29 feet to a point of curvature, thence continuing along said line, along a curve to the left, with a radius of 140.00 feet, through a central angle of 270 50' 34", an arc distance of 68.03 feet to a point of tangency; thence continuing along said line, North 14° 30' 00" East 75.00 feet to a point of curvature; thence continuing along said line, along a curve to the right, with a radius of 410.00 feet, through a central angle of 150 10' 00", an arc distance of 108.53 feet to a point of tangency; thence continuing along said line, North 290 40' 00" East 17.00 feet to the intersection thereof with the northeasterly boundary of said Lot 12; thence leaving said northwesterly line, along said northeasterly boundary, North 600 20' 00" West 25.00 feet to a point; thence leaving said boundary, South 290 40' 00" West 17.00 feet to a point of curvature; thence along a curve to the left, with a radius of 435.00 feet, through a central angle of 150 10' 00", an arc distance of 115.15 feet to a point of tangency; thence South 140 30' 00" West 75.00 feet to a point of curvature; thence along a curve to the right, with a radius of 115.00 feet, through a central angle of 270 50' 34", an arc distance of 55.88 feet to a point of tangency; thence South 420 20' 34" West 129.89 feet to the intersection thereof with said southwesterly boundary of Lot 12; thence along said boundary, South 510 19' 00" East 25.05 feet to the True Point of Beginning and containing 9,872 square feet of land, more or less. As shown on EXHIBIT B (plat) attached hereto and made a part hereof. End of Description This description was prepared by me or under my direction pursuant to the requirements of the Professional Land SUn%pr's Act. John F. King P.L.S1 6809 y\o�pt,ANO S&9G�< i KIN4 No• s�4 \�,0 rE OF G P�'` 1v-'1�-z4 Date EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT LANDS OF NEARY—VIDOVICH, A CALIFORNIA GENERAL PARTNERSHIP 12187 KATE DRIVE, LOS ALTOS HILLS, SANTA CLARA COUNTY, CALIFORNIA KATE DRIVE NOTE 1: SEE SHEET 2 FOR LEGEND, LINE AND CURVE TABLES LANDS OF YUQING XU AND VICINITY MAP INSTRUMENT: 23853336 Vk LANDS OF NEARY—VIDOVICH, ov / A CALIFORNIA LOT 1 3 2 TRACT N0. 8872 GENERAL PARTNERSHIP INSTRUMENT: 14835096 QUARRY HILLS �/ pP 703 MAPS 20-32 (,v 70 ps F P PQN p2� P o / / / LOT 11 X26' o o / TRACT NO. 8872 o QUARRY HILLS LOT 12 / N / 703 MAPS 20-32 TRACT N0. 8872 - / ,W / QUARRY HILLS a/ ,o / / 703 MAPS 20-32 0 / / LANDS OF NEARY-VIDOVICH, rl) CD (1.53 ACRES GROSS) ; / : / / A CALIFORNIA GENERAL PARTNERSHIP INSTRUMENT: 14835096 OPEN SPACE EASEMENT 9,872 f SQ.FT. ,\/ • �/ / 0 f NOTE 2: EVA, PSDE AND tK PRIVATE ACCESS ��,�' ESMT FOR LOT 11 703 MAPS 20-32 PRIVATE ACCESS�o`ti / 'A ESMT FOR LOT 11 N- / SO 703 MAPS 20-32 �S� P.O.C. F T.P.O.B.� GRAPHIC SCALE 60 0 30 60 120 (IN FEET) 1 inch = 60.0 ft. SHEET 1 OF 2 JN 21059 EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT LANDS OF NEARY—VIDOVICH, A CALIFORNIA GENERAL PARTNERSHIP 12187 KATE DRIVE, LOS ALTOS HILLS, SANTA CLARA COUNTY, CALIFORNIA LEGEND P.O.C. T.P.O.B. EVA PSDE v AlE LINE TABLE LINE LENGTH BEARING L1 10.02' N51' 19'00"W L2 17.00' N29'40'00"E L3 25.00' N60'20'00"W L4 17.00' S29'40'00"W L5 25.05' S51' 19'00"E LEGEND P.O.C. T.P.O.B. EVA PSDE v AlE EXISTING LOT LINE ' EXISTING EASEMENT LINE NEW EASEMENT LINE POINT OF COMMENCEMENT TRUE POINT OF BEGINNING EMERGENCY VEHICLE ACCESS EASEMENT PER 703 MAPS 20-32 PRIVATE STORM DRAIN EASEMENT i ml "LL S\ G K/�c �Gso �TF CAUV� PER 703 MAPS 20-32 APN ASSESSOR'S PARCEL NUMBER ESMT EASEMENT HANNA BRUNETTI John k. KingV,� P.L.S. 7 6809 EST. 1910 , y' 1r - 16. Date SHEET 2 OF 2 JN 21059 CURVE TABLE CURVE LENGTH RADIUS DELTA Cl 68.03' 140.00' 27'50'34" C2 108.53' 410.00' 15' 10'00" C3 115.15' 435.00' 15' 10'00" C4 55.88' 1 115.00' 1 27'50'34" EXISTING LOT LINE ' EXISTING EASEMENT LINE NEW EASEMENT LINE POINT OF COMMENCEMENT TRUE POINT OF BEGINNING EMERGENCY VEHICLE ACCESS EASEMENT PER 703 MAPS 20-32 PRIVATE STORM DRAIN EASEMENT i ml "LL S\ G K/�c �Gso �TF CAUV� PER 703 MAPS 20-32 APN ASSESSOR'S PARCEL NUMBER ESMT EASEMENT HANNA BRUNETTI John k. KingV,� P.L.S. 7 6809 EST. 1910 , y' 1r - 16. Date SHEET 2 OF 2 JN 21059