HomeMy WebLinkAbout04-13 • •
RESOLUTION 4-13
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Edward Sharp and Odette Harris)
WHEREAS, Edward Sharp and Odetta Harris ("Owner") owns the property commonly known as
26958 Dezahara Way, 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, 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 special meeting held on the 24th day of January, 2013 by the following vote:
AYES: Waldeck, Corrigan, Harpootlian, Radford, Larsen
NOES: None
ABSTAIN: None
ABSENT: None �// �
BY:
Gary Waldeck, Mayor
Resolution 4-13 Page 1
ATTEST:
,
- Deborah Padovan, City Clerk
Resolution 4-13 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 2 4th day of January., 2 0138, by and between, Edward Sharp •
and-Odette Harris("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 26958 Dezahara Way,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 bestinterests 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
•
•
Resolution 4-13 Page 3
• •
•
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 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;and
d. against the cutting of vegetation, except as may be required for fire •
prevention, thinning, elimination of diseased growth, invasive species and poisonous
vegetation,and similar measures;and
• e.. against any plantings other than native vegetation; and
f. against the erection of structures other than Iawful 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
Page 4
Resolution 4-13
• •
for the purpose of inspection of condition of the Property, and only after 72 hours to
Owner.
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: 3 p 20 , 2012 `�`�� '`
A
Date: 20 , 2012
B
TOWN OF LOS ALTOS HILLS:
February 1, 2013
Date: ,RKK4i
Mayor
ATTEST: /
City Clerk
Resolution 4-13 Page 5
•
State of California )
County of Santa Clara )
Onb p in{zy c)U 12before me, l &1Ott\ 1" - BeLL-T1 N3 ,notary public,
perso ally appeared
��P and Ode-H-, gams
who proved to me on the basis of satisfactory evidence to be the person(s)whose name
are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities,and that by their signatures on the instrument the
persons, or the entity upon behalf of which the persons 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 y'ha d an, sff;al se.1. pEBRAM:BRUTON
•
Signature .' / . �: (Seal) CornmissionNo.1877450
NOTARY PUBLIC-CALIFORNIA g
./
*NADA COUNTY
yq Coom Eames
Jowl,18,2014
1938544.1
Resolution 4-13 Page 6
• • •
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On RbflAa / , 2013,before me, Deborah L. Padovan,Notary Public,
personally appear 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
x Commission#1929787.
z ,? Notary Public-California
Signature: (Seal) ,,,,:17.7 Sonoma county
M Comm.Ex fires A r 19,205
Resolution 4-13 Page 7
•
I, Deborah Padovan, duly appointed City Clerk for the Town of Los Altos Hills, do
hereby certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing is true and correct.
WITNESS my hand and official seal.
Deborah Padovan, City Clerk
Date: February 1, 2013
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 4-13 Page 8