HomeMy WebLinkAbout90-05 • •
1 RESOLUTION NO. 9 0-0 5
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Bhargava)
WHEREAS, Raghav Bhargava and Sangeeta Bhargava, husband and wife as Joint Tenants
(collectively, "Owner") own the property commonly known as 11860 Francemont 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 OpenSpace Easement Agreement.
PASSED AND ADOPTED this�= dayio nh& ,, 2005
BY:
Mayor
A
City Clerk 0/
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' A
• Attachment A to Resolution 90-05
i
DOCUMENT: 18 12616 Pages: 8
III 11111 1111 III II Fees. . . . * No Fees-
Taxes. . .
Copies. .
This Document Is Recorded AMT PA I D
For the,Benefit of the
Town of Los Altos Hills
And is Exempt from Fee BRENDA DAV IS 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 15th day of September , 2005, by and between.Raghav
Sangeeta Bhargava, husband and wife as Joint Tenants (collectively, "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 11860 Francemont 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, sb'cial,
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:
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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
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.
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111" .;
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.
OWNERS:
Date: •41.4a L� , 2005 � �
Ra.f v Bharg. a
Date: 9 , 2005
Sangeet.1:hargava
TOWN OF LOS ALTOS BILLS:
9/3
Date: , 2005
Mayor /Pri3g,e2LvE fCFi�
ATTEST: /
City Cler
#656191v1
1••
STATE OF CALIFORNIA )
) ss:
COUNTY OF yitdo, 66/A24--)
16On a , 2005, before me, the undersigned Notary Public, personally appeared
°� ,p or proved to me on the basis of satisfactory
:VU BharTe�i'd'ence to be the person vhose name ubscribed 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 s
acted, executed the instrument.
BARBARA L.ELMGREN
WITNESS my hand and official seal. � .
a•„ Cornmission# 1371817
i '`P' Notary Public-California
Santa Clara County
/ My Comm.Expires Aug?.5,2006
Signature " _.
STATE OF CALIFORNIA )
) ss:
COUNTY OF_ )
On , 2005, before me, the undersigned Notary Public, personally appeared
_ ,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
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• •
Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
#656191v1
. /•
EXHIBIT A
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
Certain real property situate in the State of California, County
of Santa Clara, Town of Los Altos Hills, being a portion of Lot 1
as shown on that certain Map entitled "Tract No. 3627" , recorded
in Book 190 of Maps at page 22 , Santa Clara County records, more
particularly described as follows :
Beginning at the most westerly corner of Lot 1 as referenced
above; thence along the northerly line of said Lot 1 North 84
Degrees 28 Minutes 32 Seconds East a distance of 214 . 36 feet;
thence South 21 Degrees 58 Minutes 35 Seconds East a distance of
16 . 13 feet; thence South 46 Degrees 04 Minutes 18 Seconds West a
distance of 89 . 50 feet; thence North 59 Degrees 18 Minutes 29
Seconds West a distance of 22 . 39 feet; thence South 29 Degrees 03
Minutes 19 Seconds West a distance of 12 . 34 feet; thence South 56
Degrees 21 Minutes 59 Seconds West a distance of 51 . 19 feet;.
thence South 31 Degrees 10 Minutes 30 Seconds West a distance of
13 . 30 feet; thence South 58 Degrees 41 Minutes 19 Seconds West a
distance of 22 . 09 feet; thence North 88 Degrees 52 Minutes 27
Seconds West a distance of 18 . 53 feet to the south-westerly line
of said Lot 1; thence North 21 Degrees 52 Minutes 23 Seconds West
a distance of 114 . 89 feet to the Point of Beginning of this
description.
Containing 14, 964 square feet, more or less .
f` �O_Y Bk CARL
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No.4953
* Expires 12131105OF iP �
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II' PLAT TO ACCO LEGAL DESCRIPTION .
-STATE OF CALIFORNIA, COUNTY OF SANTA CLARA
SCALE: I"=SO' • 1 TOWN OF LOS ALTOS HILLS
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2. S 46° 04'18"W 89 . 50 >Oo`% 89
3. N 59°18'29"W 22 . 39' '10,`jt
s 1
4. S 29° 03'19'W 12 . 34' t
5. S 56°21'59"W 51 .19" •
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6). S 31° 10' 30' W
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7. S 58° 41' 19' W 22 .09'
8. N 88° 52' 27°W 18 .53'
WESTFALL ENGINEERS, INC.
14583 BIG BASIN WAY, SARATOGA, CA 95070
(408) 867-0244
`'S1- 48/c�i' ,
DATE: 08-25-05 , /�v 'Fq ‹.
73
BY: No.4953 a
Expires 1231/05
Harr Babicka ` N� `�,I
L.S. 4953 .1)..„, �' '
RESOLUTION NO, 9 0-0 5
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Bhargava)
WHEREAS, Raghav Bhargava and Sangeeta Bhargava, husband and wife as Joint Tenants
(collectively, "Owner") own the property commonly known as 11860 Francemont 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 5ty o4hkr, 2005,74/12
BY:
Mayor- OR. tVV /';: ,&
A ::"
C rtified as a true copy
/ "���
City drBy
Clerk
City Clerk of the lifir os Altos Hills
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