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Home My WebLink About92-05 • 92-05 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Askari and Askarinam) WHEREAS, Adam Askari, Farhmand Eric Askarinam, and Banafsheh Jessica Askarinam, as tenants in common (collectively, "Owner") own the property commonly known as 27630 Via Cerro Gordo, 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 bdaY ok%G7 f , 2005 BY: Mayor / A E_T: _ City Cl�. #656294v1 , q • *Attachment A to Resolution 92-05 1 DOCUMENT: 18812618 Pages: 8 0 II II II II II 1111 0 I Fees. . . . * No Fees Taxes. . . This Document Is Recorded Copies. . For the Benefit of the AMT PAI D Town of Los Altos Hills BRENDA DAVISAnd is Exempt from Fee 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 T ' . ogreeme Oen Space Easement ("Agreement") is maand :entered - into this day of Open de, 2005, by and between Adam Aslcari,.Farhimand • Eric Askarinam, and Banafsheh Jessica Askarinam, as tenants in common (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 27630 Via Cerro Gordo,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: #656191v1 r • •`i 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. #656191v1 •..I •) 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 thedate 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: (1/2—'/ , 2005 . Adam Askari OWNER: Date: Q: r1 , 2005 . OWNER: Date: q--20 --0 , 2005 Bnh Jessica Askarinam TOWN 0 LOS ALTOS HILLS: Date: /d— 6 - , 2005 Mayor ATTEST: City Cle gir #656191v1 S 0) STATE OF CALIFORNIA ) STATE OF CALIFORNIA gQ.UNTY OF SANTA CLARA COUNTY OF ) On C A a , 2005, before me, the undersigned Notary Public, personally appeared 4d -rr A-e LA r; , e or proved to me on the basis of satisfactory evidence to be the person wt�lose 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. A 1.Ay .fly d A AA a a a WITNESS my hand and official seal. B.B.I(AMDAR Commission#1395013 a .....411W Notary Public-California /Signature i Santa Clara County My Comm.Expires Jan 21,2007 STATE OF CALIFORNIA ) STATE OF CALIFORNIA COEJNTY OF SANTA CLARA COUNTY OF ) On • ''71 O , 2005, before me, the undersigned Notary Public, personally appeared R rti AV?i?") Er;t-k r proved to me on the basis of satisfactory evidence o be the person whose. name is subscribed to the within instrument and acknowledged to me that tht 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. B B.KAMDAR - Commission#1395013 If ��ti;i; Signature 1 `J� Notary Public-California -g 4 \'4 Santa Clara County My Comm.Expires Jan 21,2007 STATE OF CALIFORNIA ) STATE OF CALIFORNIA COUNTY OF ' stOUNTY OF SANTA CLARA OnsQ, -4—.P-O, 2005, before me, the undersigned Notary Public, personally appeared akhot 40-h4tca-' ersorrdfl proved to me on the basis of satisfactory Y evidence to personose name is subscribed to the within instrument and acknowledged to me that t:luted 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. .B.tCAMDAR17621-dgi-H46-‘646a6464140W- ission#1395013 Public-California Signature �� Santa Clara County • My Comm.Expires Jan 21,2007 #65619lv1 • • Exhibit A Legal Description of Open Space Easement Property and Plat Accompanying Description #656191v1 • ' • LEGAL DESCRIPTION All that certain real property situate in the Town of Los Altos Hills, County of Santa Clara, State of California being an easement for open space purposes and more particularly described as follows: Beginning at the southeasterly corner of Lot 29 as shown on that certain Map entitled, "Tract No. 3659,MATADERO BILLS", filed for record in Book 177 of Maps at pages 34 and 35, Santa Clara County Records;thence along the easterly rine of said Lot 29 N 20°00'39"W 72.00 feet;thence leaving said line N 85°15'47" W 279.16 feet to the westerly line of said Lot 29;thence along said line of Lot 29 S 14°59'16"W 8.00 feet to the southwesterly corner of said Lot 29;thence along the southerly line of said Lot 29 S 74°46'34"E 316.00 feet to the POINT OF BEGINNING. Said parcel of land containing 0.239 acres, more or less. / Prepared by: < nas „ Marvin D. Kirkeby �a R.C.E.No. 14001 Expires 3/31/2007 eNti e grsOFcal.*- r • • 7OwN aA- 61s41trasAf/4Z5 SANTA C4,4R4 COI4VT 57-Are aF C4i/ , 0+//.4 J • 4 gs dtki . ' 1) ----- 1:50 4/7 /4 lea Lt/ , i,A tea, N x=3015 540„ R"2Sp, L=I5I,6 `v 27630 Vid CERRO 60 LoT30 TRACT NO. 3659 -z M4 TADER0 M/LAS , 0 £ 0T29 o LOT 28 .\. /77 AMPS 3035 c)._ ,.,,, ,A0, oN, ..s, v. 1.... 72, . Ace' o T . 7- °163.e: -JR 4=06:45.4fie'/r- . 44pAavi A/44a/ ACRES , / 9.0fESS10 /�`,pqcr �� ///0 e9440). k/44:+e. -'"0. .pfa 3,6,,a, ix �,�4001 '° irE 1°D.,g sl- •of i/ * ''�a -' e9raJ 44.OF C;p�\FOS KIRKEBY ENGINEERING PLAT TO ACCOMPANY DESCRIPTION scale: /nom 50' 73988 DESERT GREENS DR.CO. SEPTBAC PALM DESERT,'CA 92260(760)837-3780 O E SPACE EASEMENT Date: ob No. * 1 1 92-05 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Askari and Askarinam) WHEREAS, Adam Askari, Farhmand Eric Askarinam, and Banafsheh Jessica Askarinam, as tenants in common (collectively, "Owner") own the property commonly known as 27630 Via Cerro Gordo,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_O•pen Space Easement Agreement. PASSED AND ADOPTED this biay o %G/OI41' , 2005 BY: /.. Mayor A T: Certified as a true co City CIO By City Clerk of the •wn of Lo•Altos Hills #656294v1