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HomeMy WebLinkAbout54-13 • • RESOLUTION 54-13 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands Tiop Inc) WHEREAS, Tiop Inc ("Owner") owns the property commonly known as 26991 Taaffe Road Road, 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 Owner has 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 Owner 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, aestheticand economic asset to the Town and the Owner; 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. The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 17th day of October, 2013 by the following vote: AYES: Waldeck, Corrigan, Harpootlian, Larsen, Radford NOES: None ABSTAIN: None ABSENT: None Resolution 54-13 Page 1 • • / BY: ..' '‘-'-'-'' Gary Waldeck, Mayor ATTEST: _ ��/� �,� Deborah Padovan, City Clerk Resolution 54-13 Page 2 • • Attachment A 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 Agreement for Open.Space Easement ("Agreement") is made and entered into this 17th day of October , 2013, by and between Tiop Inc, ("Owner") and the Town of Los Altos Hills, a municipal corporation, ("Town"). RECITALS A. Owner owns that certain real property in the Town of Los Altos Hills commonly known as 26991 Taaffe Road,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 fmds 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 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, Resolution 54-13 Page 3 • • (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 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 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 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. Resolution 54-13 Page 4 • . • 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: J w�+- ,2013 Tiop Inc KEY 7,-/' Y` TOWN OF LOS ALTOS HILLS: Date: October 21 ,2013 . Mayor ity Clerk Resolution 54-13 Page 5 • STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) >x On 4. �tv�_ , 2013,before me, ..900 ' S le( d ,Notary Public,personally appeared U ,who proved to me on the basis of satisfactory evidence to be the persons)whose namesA is/aye subscribed to the within instrument and acknowledged to me that he/SIte4hey • executed the same in his/herltleir authorized capacity(i9s), and that by his/her/their signature(s) n the instrument the person, or the entity fipon behalf of which the personas.) 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. WITNESS my hand and official seal. ®uuxuuunniwuumiumnnuwDiOiU iGn�SiHOmuuunuo • l • COMM.#1893351 • r �.��•- NOTARY PUBLIC-CALIFORNIA F. Signature: \�� (See) MY SANTA COmm.ExCLARAp.Jun:COUN20TY,2o1a -114111F ▪ IIMINI uuxumMnnwimmnmumnxuunuuuun11111 ui Resolution 54-13 Page 6 ki' • • STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On October 21,2013, before me, Deborah L. Padovan,Notary Public,personally appeared Gary Waldeck,who 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 he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. WITNESS my hand and official seal. _ _•, DEBORAH L.PADOVAN Signature: (Seal) �_ Commission x'1929787 . I `9� Notaryr Public-California K-ri/ Sbnoma County. 3 MxComm.Exeina At 19,20151 Resolution 54-13 Page 7 • • / ' . RESOLUTION 54-13 y City " Clerk of the Tovrn of Los Altos fulls RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands Tiop Inc) WHEREAS,Tiop Inc ("Owner")owns the property commonly known as 26991 Taaffe Road Road, Los Altos Hills, California; and WHEREAS, the Town has adopted a General Planand, 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("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 Owner 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 Owner; 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. • The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 17th day of October,2013 by the following vote: AYES: Waldeck, Corrigan, Harpootlian, Larsen,Radford NOES: None ABSTAIN: None ABSENT: None • Resolution 54-13 Page 8 Resolution 5413 Page 1 BY: Gary Waldeck,Mayor A[TEST: Deborah Padovan, City Clerk • Resolution 54-13 Page 9 • Resolution 54-13 Page 2 • • • Exhibit A Legal Description of Open Space Easement Property and Plat Accompanying Description Resolution 54-13 Page 10 • • EXHIBIT "A" LEGAL DESCRIPTION OPEN SPACE EASEMENT 26991 TAAFFE ROAD LOS ALTOS HILLS, CALIFORNIA All that certain real property in the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: Being a portion of Lot 4, as shown on that certain Tract Map No. 4444, which is filed for record on January 24, 1969,in Book 248 of Maps, at Page 6, in Santa Clara County records, and being more particularly described as follows; BEGINNING at the most northwesterly corner of said Lot 4; Thence, along the northerly line of said Lot 4, North 62° 51' 44"East, 276.33 feet; Thence, continuing along the northerly line of said Lot 4, North 58° 07' 11" East, 44.68 feet to the northeasterly corner of said Lot 4; Thence, leaving the northerly line of said Lot 4 and along the easterly line of said Lot 4, South 26° 21' 55"East, 79.63 feet; Thence, leaving the said easterly line of Lot 4, North 80° 41' 00"West, 19.87 feet; Thence, South 79° 57' 00"West, 15.50 feet; Thence, South 71° 10' 00"West, 42.50 feet; Thence, South 59° 19' 30"West,42.00 feet; Thence, South 40° 45' 30"West, 55.50 feet; Thence, South 58° 30' 00"West, 37.80 feet; Thence, North 64° 01' 30"West, 32.70 feet; Thence,North 86° 18' 30"West, 19.70 feet; Thence, South 77° 33' 00"West, 29.80 feet; Page 1 of 3 Resolution 54-13 Page 11 • 1110 Thence, South 68° 28' 30"West, 50.00 feet, to a point lying on the westerly line of said Lot 4; Thence, along the westerly line of said Lot 4,North 28° 33' 03"West, 31.10 feet,to the POINT OF BEGINNING; Containing an area of approximately 18,154 square feet,more or less.. END OF DESCRIPTION EXHIBIT"A"is the plat to accompany this legal description, and which is made a part hereto. Prepared by or under the direct supervision of: ' `t 7078 11, Mark A. Helton _ ERR, /i• *; . S41i OF CAO`���l� Page2of 3 Resolution 54-13 Page 12 • 0 BASIS OF BEARINGS THE BEARING OF N 6251'44" E / BEING THE NORTHWESTERLY LINE OF LOT 4, AS SHOWN OF THE CERTAIN TRACT MAP NO. 4444, WHICH WAS +11"t. FILED FOR 1969 IN BOOKCORD ON 248 OF MAPS,AT RY 24, �30J2 �y$kR 6$ 3 PAGE 6, IN SANTA CLARA COUNTY 0\ RECORDS. NO• 51) 1,1 4) L \" w 0 , r/ ii 1P\O�28 067 _ — —,_ 4"S /17777s5. � /ie ® 0,3 05 1 o N8336'SO4W CP P PpE15�� I' S63g9�y 5 5� 116 91 09:6‘ , • 11 F5 $ 0 �. Pp1t tai .PSP�P ° cin"e OPO is05�W A BEG © t ")� ;5rrS63 3 ® c, /w o_ O O , .O1 . ♦ Ik�lk� co.co ro ti `vo^ 61 �* A I LLND co RPO 20 0O G. o !�4 / 4i45,. oe♦ OF �1 /k�1 OO o° *KT.Niz7 7814 ♦ 0OS 208 N i. I �� \\'' oOG °��h �Q / � OF ALtl°4 h ♦ 14p.p / UNE DATA 1i ek / 'h NO. DIRECTION LENGTH I 60. n,0te 0 S68 28'30"W 50.00' kph ,i © S77 33'00"W 29.80' SCALE: 1"=60' %.71 0), g 0) © N861 8'30"W 19.70' 0 N64'01'30"W 32.70' 4,. O S58'30'00"W 37.80' 0 S40'45'30"W 55.50' LEGEND O 55919'30"W 42.00' - - .—DISTINCTIVE PROPERTY LINE 0 S7170'00"W 42.50' - - PROPERTY LINE 0 S79 57'00"W 15.50' - CENTERLINE Q N8041'00"W 19.87' — —EASEMENT LINE n ' SCALE: 1"=60' PLAT TO ACCOMPANY 4, Giuliani & Kull,Inc. DATE: 6/4/13 LEGAL DESCRIPTION Engineers • Planners • Surveyors DRAWN: E.T. OPEN SPACE EASEMENT 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: M.H. 26991 TAAFFE ROAD (408) 615-4000 Fax (408) 615-4004 JOB NO.: 12117 Auburn • San Jose • Oakdalopcni,naET : 3 OF 3 LOS ALTOS HILLS, CALIFORNIA FI\2012\12117\dwg\12117PLAT.dwg 6/4/2013 1'58105 PM PDT