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Home My WebLink About86-05 86-05 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Goese) WHEREAS, Myrna Goese ("Owner") own the property commonly known as 13480 Wildcrest Drive,Los Altos Hills, California; 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 Owners have offered to enter into an agreement for open space easement attached to this Resolution as Attachment A ("Open Space Easement Agreement") 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 Open Space Easement Agreement to be consistent with the Town's General Plan and in the best interests of the Town; WHEREAS, the Owners and the Town recognize that the land subject to the Open Space Easement Agreement 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 Owners; WHEREAS, the Open Space Easement Agreement contains the appropriate restrictions and covenants to preserve the natural and scenic character of the land; and NOW,THEREFORE,the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby accepts on behalf of the public, and for the purposes therein described, 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 thisL! dayP.JUG h€-i1T005 BY: Mays► A City Clerk dir #656294v1 Attachment A to Resolution 86-05 DOCUMENT: 18612617 Pages: 8 II II III II II II II 1111 I II II Fees.. . ,: No Fees Taxes.'.. .., ` This Document Is Recorded Cop'i es . For the Benefit of the AMT'. PAID Town of Los Altos Hills And is Exempt from Fee BRENDA DAV I S RDE #. 001 Per Government Code SANTA CLARA COUNTY RECORDER 2/17/2006 Sections 6103 and 27383 Recorded at the request of 8:40 AM City 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 1st day of September , 2005, by and between Myrna Goese ("Owner") and the Town of Los Altos Hills, a municipal corporation ("Town"). RECITALS A. Owners own that certain real property in the Town of Los Altos Hills Commonly known as 13480 Wildcrest 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 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 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; and d. against the cutting of vegetation, except as may be required for fire prevention, thinning, elimination of diseased growth, and similar measures; and e. against any plantings other than native vegetation; and f. 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. 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. #656191v1 l• 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: 0211(?d', 2005 � �� a Gq-se TOWN OF LOS ALTOS HILLS: Date: ft.& , 2005 May / - -- ATTEST: City Cler #656191v1 ID (. STATE OF CALIFORNIA ) • n ) ss: COUNTY OF Jan/AL 'I t) On , 2005, before me, the undersigned Notary Public, personally appeared AA -c ,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. Signature � �� RICHARD D.RAINES Commission#1319088 Notary Public-California ,► Santa Clara County My Comm.Expires Aug 27,2005 #656191v1 s . Exhibit A Legal Description of Open Space Easement Property and Plat Accompanying Description #656191v1 FIMD EXHIBIT"A" LEGAL DESCRIPTION OPEN SPACE EASEMENT LANDS OF GOESE APN 175-36-005 BEING A OPEN SPACE EASEMENT, SAID EASEMENT BEING ALL THAT REAL AND CERTAIN PROPERTY IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE FOUND THREE-QUARTER INCH IRON PIPE AT THE NORTHERLY CORNER OF"LANDS OF HAYNES"AS SHOWN PER THAT CERTAIN RECORD OF SURVEY ENTITLED"RECORD OF SURVEY MAP OF PORTION OF 17.68 ACRE TRACT CONVEYED TO FLOYD E. WILDER" FILED AUGUST 30, 1949 AND RECORDED IN MAP 23 AT PAGE 46, SANTA CLARA COUNTY RECORDS, SAID POINT LYING ON THE EASTERLY LINE OF LOT 6/REMAINDER OF TRACT No. 6527 PER THAT CERTAIN MAP RECORDED IN BOOK 433 OF MAPS AT PAGES 44 AND 45,AND AMENDED PER BOOK 453 OF MAPS, PAGES 44 AND 45, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID"LANDS OF HAYNES" PER SAID RECORD OF SURVEY SOUTH 46°05'30" EAST 215.08 FEET(SAID COURSE LABELED AS"NORTH 46°05'30"WEST 215.00"THEREON)TO A FOUND THREE-QUARTER INCH IRON PIPE; THENCE SOUTHEASTERLY ALONG A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 85.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 43°40'58"WEST, SAID CURVE HAVING A CENTRAL ANGLE OF 24°21'37"AND AN ARC LENGTH OF 48.89 FEET TO THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 85.00 FEET THE RADIUS POINT OF WHICH BEARS SOUTH 68°04'30"WEST; THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT, SAID CURVE HAVING A CENTRAL ANGLE OF 58°04'52",AND AN ARC LENGTH OF 86.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°35'08", FOR A DISTANCE OF 37.96 FEET TO A POINT OF TANGENCY; THENCE, SOUTH 61°44'30"WEST 159.84 FEET; THENCE, SOUTH 49°43'33"WEST 281.52 FEET TO THE SOUTHERLY CORNER OF SAID"LANDS OF HAYNES" PER SAID RECORD OF SURVEY, SAID POINT LYING ON THE SAID EASTERLY LINE OF TRACT No. 6527; THENCE,ALONG THE WESTERLY LINE OF SAID"LANDS OF HAYNES"AND SAID EASTERLY LINE OF SAID TRACT No. 6527, NORTH 20°57'16" EAST 213.20 FEET; LAND SU THENCE, LEAVING SAID LINE NORTH 87°30'33" EAST 87.42 FEET; <( CQ , �� THENCE, NORTH 49°43'33" EAST 30.73 FEET; v J o vo r 75 THENCE NORTH 61°44'30" EAST 157.50 FEET; j�A.E12/3 1051 THENCE SOUTH 75°35'42" EAST 60.10 FEET TO THE TRUE POINT OF BEGINNING; `f)� q�F OF CAL\Fp` DESCRIBED LANDS CONTAINING 24,979 SQUARE FEET, OR 0.57 ACRES, MORE OR LESS; THE PROPERTY DESCRIBED HEREON IN IS SHOWN ON THE ATTACHED PLAT, "EXHIBIT B",AND BY REFERENCE MADE A PART THEREOF. , Iiiry111•11111 , . 11MMIIIIMMIIIIIMIIIIIMF LEGEND APN 175-36-033 • FOUND IRON PIPE MONUMENT t-- P.O.B. POINT OF BEGINNING Lu T.P.O.B. TRUE POINT OF BEGINNING ------ 0 > _1 EE P.O.B. ; 0 APN 175-36-009 9 APN 175-36-017 FD 3/4 IP. gPN1jS / --\--- NO TAG 460 3E 16 S ,0 ?IS•83G F o R=115.00' L=48.89' CP FD 3/4" IP% 7" C7 NO,TAG / 4\=24'21 0 I DOC #17153660 �3/ i pRWES APN X75-36-025 1 oa �.a/ .oz- ......\___:„.. °° Q N APN 175-36-005 •�•-/,��`�P R=85100 x=86.16' o- LANDS OF ��• 0=58.04'52" 40 0 •S75'3 42 E T.P.0.6. a GOESE .� 6o.10 ' s`350, z o0o I Qb p�"4,p = (Rq�)38„w a C2 a N� \s 1 R=85.00' Ln QQ ��O b,\04,6 �� $ 0=25'35'O8° Q a �<v —�.-/03 L=37.96' Id l�. '"� '�� •Oct` / \ a co I� N. 43 / ' o1 p2 = „?. FD 3/4” IP I� N ��. "E= NO T G RIO =01 j Q 40• APN 175-36-021 --,* GRAPHIC SCALE WATERLINE EASEMENT --______—_----,A) o 43 OPEN SPACE EASEMENT 0 20 40 60 80 1 00 i Ma°' ti� AREA=24,979f SF .N— =0.57± Ac 1 inch = 100 ft. v APN 175-36-020 if r... ,. cop LAND soy w C-9.GFS10 od,- �JNO. yam, V) 04° , S 7756 A O N L'V xp. 12/31/05 4 z NO TAG IP �FD �9TF OF CAL1Fp��\P PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT °B" DATE, 04/19/05 SHEET 605 Castro Street SCALE: 1".1 00' PLAT OF OPEN SPACE EASEMENT Mountain View SANDIS NUMBER JONES DRAWNBY: MHG WI RESIDENCE i Tel(6501969-6900 APPROVED BY: DWB 13480 WILDCREST DRIVE CIVIL ENGINEERS SURVEYORS PLANNERS DRAWING NO.: Fax(6501969 642 204199 LOS ALTOS HILLS,CALIFORNIA of 1 SHEETS File:X::\P\204199\Eng\Dwg\EASEPLArdwg Dote: AUG 18, 2005 Time:8:54AM o u 110 11) RESOLUTION NO. 86-05 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Goese) WHEREAS, Myrna Goese ("Owner") own the property commonly known as 13480 Wildcrest Drive,Los Altos Hills, California; 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 Owners have offered to enter into an agreement for open space easement attached to this Resolution as Attachment A ("Open Space Easement Agreement") 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 Open Space Easement Agreement to be consistent with the Town's General Plan and in the best interests of the Town; WHEREAS, the Owners and the Town recognize that the land subject to the Open Space Easement Agreement 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 Owners; WHEREAS, the Open Space Easement Agreement contains the appropriate restrictions and covenants to preserve the natural and scenic character of the land; and NOW,THEREFORE,the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby accepts on behalf of the public, and for the purposes therein described, 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/St-day bf edtl ello05 BY: May , ' ,e ,e_. A L' , Certified as a true copy Cdirity �' g � Clerk y City Clerk of the own of os Altos Hills 656294v1