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HomeMy WebLinkAbout40-05 RESOLUTION NO. 4 0-05 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Andrews and Rumi) WHEREAS, the City Council of the Town of Los Altos Hills has read and considered that certain Agreement for Open Space Easement ("Agreement") between the Town and Andrews/Rumi Trust("Grantor"),Eric J. Andrews and Angela Rumi,Trustees ("Owner"). NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: 1. Public interest and convenience require the Town of Los Altos Hills to enter into the Agreement described above. 2. The Town of Los Altos Hills hereby approves the Open Space Easement Agreement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Open Space Easement Agreement. PASSED AND ADOPTED this 19th day of May , 2005. BY: �� /.✓ Mayor 41, ATTE T: - City Clerk Attachment A Open Space Easement Agreement (• (• Attachment A to Resolution 40-05 DOCUMENT: , 18503215 Pages: 8 Fees. . . . * No Fees This Document Is Recorded Taxes. For the Benefit of the Cop i es. . Town of Los Altos Hills AMT PAI D And is Exempt from Fee Per Government Code BRENDA DAV I S Sections 6103 and 27383 SANTA CLARA COUNTY RECORDER RDE8 # 005 5 Recorded at the request of 2: 11 PM05 When Recorded,Mail to: Cit y 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 19`h day of May , 2005, by and between .by and between the Andrews/Rumi Trust ("Grantor"), Eric J. Andrews and Angela Rumi, Trustees, ("Owner") and the Town of Los Altos Hills, a municipal:cororation("Town"). RECITALS 3 , A. Owners own that certain real property in the Town of Los Altos Hills commonly known as 26030 New Bridge Drive;Los Altos Hills, California. 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 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 grantors, hereby grant an open space easement to the Town of Los Altos Hills, a municipal corporation in the County of #656191v1 E . •.I .I Santa Clara, State of California, over the real property described and shown as Exhibit A, (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 declare 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 and paths dedicated to the Town or an approved septic system, 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 right of Owner to construct any improvements on or within the Property except maintenance activities consistent with ensuring proper operation of the drainage swale, subject to review and approval by the City Engineer; and c. against the extraction of natural resources or other activities which may destroy the unique physical and scenic characteristics of the land; and d. against the grading of land for reasons other than attendant to permitted uses; and - e. against the cutting of vegetation, except as may be required for fire prevention, thinning, elimination of diseased growth, and similar measures; and f. against any plantings other than native vegetation; and e. against the erection of structures other than lawful fences or 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. #656191v1 • ,• •� 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 theose u of inspection of condition of the Property. P rP P 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. THE ANDREWS/RUMI TRUST, dated July 26, 2001 sr o - - Date: , 2005 �-- Eric J. An ews, Trustee Date: S o , 2005 A•_e R i,Trustee TOWN OF LOS ALTOS HILLS: Date:Key/1, , 2005 ayor ATTEST: % City Cler #656191v1 . • 2040820 Legal Description—Open Space Easement An easement for open space purposes situate in the TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, lying entirely within Lot 5 as shown on that certain Tract Map entitled"Tract No. 2979" recorded November 8, illl 1961, at Book 140, Page 11, Santa Clara County Records, said easement being more particularly described as follows: Beginning at a point on the Northerly line of said Lot, said point being distant South 87° 10' 00"East, 81.93 feet from the Westerly corner of Lot 5 as shown on said map, thence continuing along said Northerly line South 87° 10' 00"East, 30.00 feet; thence leaving said Northerly line the following three courses: South 02° 50' 00"West, 15.69 feet; South 22° 12' 17" East, 17.65 feet, and South 37° 31' 00" East, 82.10 feet to a point on the Southerly line of said Lot 5, said line being common to Lot 5 and Lot 6 on said map; thence along said common line North 75° 58' 41"West, 32.61 feet and South 14° 25' 25"West, 5.00 feet, thence concentric with and distant 10.00 feet radially from the Westerly property line of Lot 5, said line being the Easterly line of New Bridge Drive as shown on said map, from a tangent bearing North 75° 34' 35"West along the arc of a curve to the right with a radius of 30.00 feet, through a central angle of 41° 24' 35", an arc distance of 21.68 feet to a point of reverse curvature; thence from a tangent bearing North 34° 10' 00"West along the curve to the left with a radius of 280.00 feet, through a central angle of 8° 07' 15", and arc distance of 39.69 feet; thence leaving said concentric line the following two courses: North 22° 12' 17"West, 32.27 feet and; North 02° 50' 00"East, 22.36 feet to the point of Beginning. Area=3,290 square feet, more or less. O LAM D cfr�O F. 6`',' 2. 9m0 No. 76' ��xp.12— —06; O Exhibit "A" • I I� 0 25 50 100 APN: 175-24-005 LANDS OF SCHMIDT SCALE. 1" - 50' APN: 175-24-028 LANDS OF ANDREWS LOT 5 TRACT 2979 140 M 11 I I APN: 175-24-027 LANDS OF TANAKA LOT 6 APN: 175-24-004 LANDS OF ATKINS N75 58'41"W S3731'00"E 1 32.61' 82.10' S14 25'25"W (R) 5.00' OPEN SPACE EASEMENT S2212'17"E 3,290 SQ FT± 17.65' L=21.68' SO2 50'00"W I R=30.00' 15.69' \ D 4124'35" S55'5 0"W (R) 5877 0'00"E 30.00' +,6 `FMO ap9 P.O.B. os es�If 2277117"W L=39.69' i� M P.s APN: .175-2.4-029 I / .27' R=280.00' Ali '23 1;6.12-31-06 LANDS OF BERRY I NO2' '00" D=8'07'15" ` + S8770'00"E ThJ 2.36' 81.93' NEW BRIDGE DRIVE (40') / LEA & SUNG ENGINEERING, INC. EXHIBIT "B" CIVIL ENGINEERS • LAND SURVEYORS OPEN SPACE EASEMENT DEDICATION 2495 INDUSTRIAL PARKWAY WEST 26030 NEW BRIDGE DRIVE HAYWARD, CALIFORNIA 94545 LOS ALTOS HILLS, CA (510) 887-4086 FAX (510) 887-3019 JOB:2040820 SCALE: 1"=50' • STATE OF CALIFORNIA ) ) ss: COUNTY OF S [oak-cu ) On 6 , 2005, before me, the undersigned Notary Public,personally appeared Cot Andiews , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. AUL STEVEN PAUL MORTIBOYS (� ' !� COMM.# 1555159 a•,' .4 NOTARY EO L& COUNTY Signature * _ ` COMM.IXP_FEB.26,2009 STATE OF CALIFORNIA ) ) ss: COUNTY OF 36^ Marco ) On Mt ,, 2005,before me, the undersigned Notary Public,personally appeared Any.ep Rum i ,personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that the signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. çSTEVENPAULMORTJBOYS 1555159 O : gig w NOTARY PUBLIC-CALIFORNIA 2 �` ii,x SAN MATEO COUNTY 0 #65619lv1 AP I, Karen Jost, duly appointed City Clerk for the Town of Los Altos Hills, do herby certify that the foregoing is true. IN WITNESS WHEREOF, I have hereunto set my hand and seal this St day of A gust, 2005 Karen Jost, lerk RESOLUTION NO. 4 — 5 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Andrews and Rumi)• WHEREAS, the City Council of the Town of Los Altos Bills has read and considered that certain Agreement for Open Space Easement ("Agreement") between the Town and Andrews/Rumi Trust("Grantor"),Eric J. Andrews and Angela Rumi,Trustees ("Owner"). NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: 1. Public interest and convenience require the Town of Los Altos Hills to enter into the Agreement described above. 2. The Town of Los Altos Hills hereby approves the Open Space Easement Agreement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Open Space Easement Agreement. PASSED AND ADOPTED this 19th day of May , 2005. BY: Mayor ATTE T: City Clerk 411 Ce 1-ied as a true co. By ► City Clerk of the own of •s Altos Hills •) Attachment A to Resolution 41-05 • DOCUMENT: 18503216 Pages: 7 Fees. . . . * No Fees This Document is Recorded Taxes. . . For the Benefit of The Town of Los Altos Hills Cop I es. . And is Exempt from Fee AMT PA I D Per Government Code Section 6103 BRENDA DAV I S RDE # 005 When Recorded Mail to: SANTA CLARA COUNTY RECORDER 8/01/2005 Recorded at the request of 2: 11 PM Town of Los Altos Hills 26379 Fremont Road Ci t y Los Altos Hills,CA 94022 Attention: City Clerk OFFER OF DEDICATION OF RIGHT OF WAY TO THE TOWN OF LOS ALTOS HILLS (Lands of Andrews) THIS DEDICATION, is made this igilltdday of` , 2005, by Eric J. Andrews and Angela Rumi as Trustees of the Andrews/Ru Trust, owner of the property at 26030 New Bridge Drive, Los Altos,Hills, California ("Owner") to and for the benefit of the Town of Los Altos Hills ("Town").. Section 1. Owner does hereby offerrto dedicate for right of Way purposes that portion of property at 26030 New Bridge Drive described and depicted in Exhibit A attached to this Dedication ("Right of Way"). Section 2. Such dedication of Right of Way is hereby accepted by the Town. IN WITNESS WHEREOF, the Owner has properly executed, and the Town has hereby accepted, this Dedication as follows: THE ANDREWS/RUMI TRUST, TOWN OF LOS ALTOS HILLS dated July 26, 2001 -A11611' Mayor Eric J. drews,Trustee Attes i. • / (✓` City Clerk • -ge ' ,mi,Trustee 411 • ACKNOWI FDGMENT State of California ) ss. County of S3 C} ) Sun Ma lea On r✓iaJ Si41 20405 before me, a Notary Public, personally appeared''+c.5 And(e-c Avolo, Pao+ , p (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in tisiteritheir authorized capacity(is), and that by his/het/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. "` STEV =' EN PAUL MORTIBOYS; ..,��' COMM. 1555159 ®~i.; g�;NOTARY PUBLIC-CALIFORNIA 0 2 81, ii!:` SAN MATED COUNTY O i;,• COMM.EXP.FEB.26,2009" NOT• ' ` 'UBLIC - ' - • ' •i EXHIBIT A Legal Description and Depiction of Right of Way NNN 0 25 50 100 APN: 175-24-005 55 I LANDS OF SCHMIDT N SCALE. 1" - 50' 1 J APN: 175-24-028 LANDS OF ANDREWS LOT 5 TRACT 2979 140M11 1 1 APN: 175-24-027 LANDS OF TANAKA LOT 6 APN: 175-24-004 LANDS OF ATKINS S14 25'25"W 10.00' (R) L=21.68' R=30.00' D=4124'35" L=128.21' N5550'00'E (R) $ L=2 91' R=280.00' R 0.00' D=2674'04" � =4124'35" PROPOSED 10FT7 '1'°RY LF"' DEDICATION ` �od00 .91,9 i4i 1,617 SQ FT± 30.00' . APN: 175-24-029 I HALF WIDTH i° P a LANDS OF BERRY I L=145.18' Air 12-31 16 R=270.00' . N2935 56'E (R) D=30'48'30" 58710'00'E 24.11' f/ NEW BRIDGE P.O.B. / DRIVE (40') ALEA & SUNG ENGINEERING, INC. EXHIBIT "B" CIVIL ENGINEERS • LAND SURVEYORS 10' RIGHT OF WAY DEDICATION 2495 INDUSTRIAL PARKWAY WEST 26030 NEW BRIDGE DRIVE HAYWARD, CALIFORNIA 94545 LOS ALTOS HILLS, CA (510) 887-4086 FAX (510) 887-3019 JOB:2040820 SCALE: 1"=50' . i • 01. 2040820 Legal Description—Right of Way Dedication A strip of land 10.00 feet in width for roadway purposes situate in the TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, lying entirely within Lot 5 as shown on that certain Tract Map entitled"Tract No. 2979" recorded November 8, 1961, at Book 140, Page 11, Santa Clara County Records, said dedication being more particularly described as follows: Beginning at the Northwesterly corner of Lot 5 as shown on said map; thence along the Northerly line of Lot 5 South 87° 10' 00"East, 24.11 feet; thence concentric with and distant 10.00 feet radially from the Westerly property line of Lot 5, said line being the Easterly line for New Bridge Drive as shown on said map, from a tangent bearing of South 60° 24'04"East, along the arc of a curve to the right with a radius of 280.00 feet, through a central angle of 26°14'04", an arc distance of 128.21 feet to a point of reverse curvature; thence from a tangent bearing South 34°10'00"East along the arc of a curve to the left with a radius of 30.00 feet, through a central angle of 41°24'35", an arc distance of 21.68 feet to the common property line between Lot 5 and Lot 6 as shown on said map; thence along said common line South 14°25'25"West, 10.00 feet to Southwesterly property line of Lot 5; thence from a tangent bearing of North 75°34'35" West, along the arc of a curve to the right with a radius of 40.00 feet, through a central angle of g g 41°24'35", an arc distance of 28.91 feet to a point of reverse curvature; thence along the arc of a curve to the left with a radius of 270.00 feet, through a central angle of 30°48'30", an arc distance of 145.18 feet to the point of Beginning. Area= 1,617 square feet, more or less. 40 LAND C7 No. 7623i� / EXp.12-31 '004cF .. 1:0".2 `27re Exhibit "A"