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Home My WebLink About97-05 • 97-05 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Cohen) WHEREAS, Bruce A. and Eve W. Cohen, husband and wife as Joint Tenants (collectively, "Owner") own the property commonly known as 13303 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. 141 PASSED AND ADOPTED this Z0day of C4Qe' , 2005 BY: Mayor ATT City Clerk #656294v1 Attachment A to Resolution 97-05 DOCUMENT: 18812615 Pages: 9 Fees. . . * No Fees II III II II II III IIITaxes. . . This Document Is Recorded Cop i es. . For the Benefit of the AMT PAI D 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 When Recorded,Mail to: City Town of Los Altos Hills 26379 Fremont Road Los Altos Hills,CA 94022 Attention: City Clerk AGREEMENT FOR OPEN SPACE EASEMENT This Agreement or 0 en Space Easement ("Agreement") is made and entered into this ZPt day of , 2005, by and between Bruce A: and Eve W. Cohen, husband and wife as Joint Tenants (collectively, "Owner") and the Town tof tog--— --- Altos Hills, a municipal corporation ("Town"). RECITALS A;. Owners own that certain real property in the Town of Los Altos Hills commonly known as 13303 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 theproperty,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 •. •� 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 • 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: ^ S , 2005. Bruce A. Cohen Date: e-CI, 2005 Eve W. Cohen TOWN OLOS TOS HILLS: Date:/OA/ , 2005 Mayor/ eremeo24.. ATTEST: _____ City Cler #656191v1 • • • STATE OF CALIFORNIA ) ss: COUNTY OF On(9; 5- 14 , 2005, before me, the undersigned Notary Public,personally appeared 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. WETNESS my hand and official seal. .. -► -►-- .. .. COMM.L.K#AD{EV 286 6 �. .,� ,0 NOTARY PUBLIC•CALIFORNIA Signature ` � 1R%� SANTA CLARA COUNTY My Comm.Expires Nov-2,2008 STATE OF CALIFORNIA ) QS -� COUNTY OF On 2005,before me, the undersigned Notary Public,personally appeared Ct.9 a +p 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. " " " "�'�" " " 4 lir L.KADIEV • w"▪ e (; COMM.#1522286 V NOTARY PUBLIC-CALIFORNIA tr. (. %w SANTA CLARA COUNTY Signature My Comm.Expires Nov.2,2008 #656191v1 `) •'\ Exhibit A Legal Description of Open Space Easement Property and Plat AccompanyingDescription #656191v1 •i • r Giuliani & Kull , Inc . Engineers • Planners • Surveyors San Jose - Oakdale - Auburn September 26, 2005 Job No. 04111 �� F SEO 13�tD SURh mac, te ROg,. LEGAL DESCRIPTION OPEN SPACE EASEMENT L769a LANDS OF COHEN Exp. /a 3I-D e 13330 WILDCREST DRIVE ,.►. 41=i, LOS ALTOS HILLS, CA `rtof ea�Fo r -o ALL OF THAT CERTAIN PARCEL OF LAND SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: ALL OF PARCEL 1 SHOWN ON THAT RECORD OF SURVEY RECORDED MARCH 22, 1966 IN BOOK 207 OF MAPS AT PAGE 8, SANTA CLARA COUNTY RECORDS,. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL 1 THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 62° 52' 30" WEST 67.17 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 63° 42'44" WEST 72.14 FEET; THENCE SOUTH 58° 20' 01" WEST 74.84 FEET; THENCE SOUTH 63° 33'21" WEST 58.87 FEET; THENCE SOUTH 69° 12'41" WEST 61.41 FEET; THENCE NORTH 26° 11' 06" WEST 18.78 FEET; THENCE SOUTH 63° 58' 31" WEST 25.21 FEET; THENCE SOUTH 83° 28' 18" WEST 96.84 FEET; THENCE SOUTH 68° 20' 12" WEST 26.96 FEET; THENCE NORTH 82° 47' 12" WEST 24.64 FEET; THENCE NORTH 68° 13' 38" WEST 32.27 FEET; THENCE NORTH 85° 02' 01" WEST 20.34 FEET TO A POINT INA LINE PARALLEL WITH AND 50.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID PARALLEL LINE SOUTH 04° 23' 30" EAST 78.62 FEET TO A POINT IN A LINE PARALLEL WITH AND 25.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID PARALLEL LINE THE FOLLOWING COURSES: NORTH 75° 12' 17" EAST 56.36 FEET; SOUTH 64° 02'43"EAST 60.95 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 63° 00' 15" EAST 10.57 FEET; THENCE NORTH 73° 45'20" EAST 10.72 FEET; THENCE NORTH 76° 27' 53" EAST 16.83 FEET; 4880 Stevens Creek Blvd., Suite 205 • San Jose, CA 95129 • (408)615-4000 • Fax (408) 615-4004 • •\i THENCE NORTH 88° 15'26" EAST 12.88 FEET; THENCE SOUTH 75° 06'24"EAST 6.40 FEET; THENCE SOUTH 63° 04'01"EAST 8.89 FEET; THENCE SOUTH 82° 45'.21"EAST 51.65 FEET; THENCE NORTH 70° 06' 00"EAST 28.14 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIAL BEARING OF NORTH 39° 21'26." WEST AND A RADIUS OF 72.20 FEET THROUGH A CENTRAL ANGLE OF 24° 57' 10" AN ARC LENGTH OF 31.44 FEET; THENCE NORTH 39° 28' 55" EAST 43.24 FEET; THENCE NORTH 75° 57' 15"EAST 26.00 FEET; THENCE NORTH 64° 31' 37" EAST 18.76 FEET; THENCE NORTH 46° 28' 02" EAST 24.74 FEET; THENCE NORTH 37° 33' 34" EAST 64.14 FEET; THENCE NORTH 40° 51' 17" EAST 11.78 FEET; THENCE NORTH 56° 02' 51"EAST 8.46 FEET; THENCE NORTH 63° 53' 08" EAST 20.29 FEET; THENCE NORTH 67° 21'22" EAST 46.44 FEET; THENCE NORTH 69° 11' 03"EAST 43.08 FEET; THENCE NORTH 75° 45' 54"EAST 8.43 FEET TO A POINT IN THE EASTERLY LINE OF SAID PARCEL 1, SAID POINT LYING IN THE WESTERLY LINE OF WILDCREST DRIVE AS SAID PRIVATE DRIVE IS ALSO SHOWN.ON THE ABOVE REFERENCED RECORD OF SURVEY; THENCE ALONG SAID COMMON LINE NORTH 02° 00'00" WEST 31.39 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PARCEL OF LAND GRANTED TO THE TOWN OF LOS ALTOS HILLS FOR RIGHT OF WAY PURPOSES BY DEED RECORDED AT BOOK 7955 OF OFFICIAL RECORDS AT PAGE 393. o COURSE BEARING DISTANCE 1 SOUTH 63'42' 44" WEST 72.14 FEET _ _tr 2 SOUTH 58'20' 01" WEST 74.84 FEET 1 3 SOUTH 63'33'21" WEST 58.87 FEET 4 SOUTH 69' 12' 41" WEST 61.41 FEET ir 1 / 5 NORTH 26' 11' 06" WEST 18.78 FEET el 1 - 6 SOUTH 63'58' 31" WEST 25.21 FEET 1 / J 7 SOUTH 83'28' 18" WEST 96.84 FEET 8 SOUTH 68'20' 12" WEST 26.96 FEET I 1 -0? 9 NORTH 82'47' 12" WEST 24.64 FEET 0 i 10 NORTH 68' 13' 38" WEST 32.27 FEET C/ 11 NORTH 85' 02' 01" WEST 20.34 FEET ‘0 12 SOUTH 04'23' 30"EAST 78.62 FEET z 13 NORTH 75' 12' 17" EAST 56.36 FEET , 00/ 14 SOUTH 64'02' 43"EAST 60.95 FEET I , 15 NORTH 63'00' 15"EAST 10.57 FEET 0® 45 1 16 NORTH 73'45' 20" EAST 10.72 FEET 17 NORTH 76'27' 53"EAST 16.83 FEET PARCEL 1 j v 18 NORTH 88' 15' 26"EAST 12.88 FEET el) / ROS 2078 1 19 SOUTH 75'06'24"EAST 6.40 FEET 1 1 20 SOUTH 63'04' 01"EAST 8.89 FEET o I 21 SOUTH 82'45' 21"EAST 51.65 FEET 19 f, 22 NORTH 70'06' 00" EAST 28.14 FEET I 23 NORTH 39'28' 55" EAST 43.24 FEET I 1 24 NORTH 75'57' 15"EAST 26.00 FEET olb LANDS OF COHEN %04 e25 NORTH 64'31' 37" EAST 18.76 FEET APN 175 36 024 26 NORTH 46'28' 02"EAST 24.74 FEET ' 27 NORTH 37'33' 34" EAST 64.14 FEET + W 0 (7. 28 NORTH 40'51' 17" EAST 11.78 FEET 1439.212 ,6"- % 30 NORTH 63'53' 08"EAST 20.29 FEET 1 ' wO 31 NORTH 67'21' 22"EAST 46.44 FEET • ` 32 NORTH 69' 11' 03"EAST 43.08 FEET R=72.20' 33 NORTH 75'45' 54"EAST 8.43 FEET L=24'57'10" , . 1 L=31.44' t S '0 , I/ �1 � /4I 4 I �� I \„ SCALE: 1"-60' I • LEGEND 4 r7 1 OPEN SPACE 0�� L1J� EASEMENT 10'ROW EASEMENT TO 4‘ TOWN OF LOS ALTOS HILL 7955 O.R. 393 u, rn a'�`.• "'us PO/NT OF 4:0 0,9 i 1o BEGINNING i j 31.39' • L7690 746 NO2'00 00"W Exp./,1,...S1p e * • WILDCREST DRIVE g fir �� ' (PRIVATE) OF CAP." Ci-al.(' .b5 1 OF 1 r ` t Giuliani & Hull Inc. SCALE: 1"=60' PLAT TO ACCOMPANY DATE: 9/26/05 LEGAL DESCRIPTION Engineers • Planners• Surveyors DRAWN: E.T. 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: S.R. FOR OPEN SPACE EASEMENT (408) 615-4000 Fax (408) 615-4004 FILE: 04111PLAT.DWG 13330 WILDCREST DR. Auburn • San Jose • Oakdale LOS ALTOS HILLS, CALIFORNIA FI\2004\04111\dwg\04111PLAT.dwg 9/14/2005 2128121 PM PDT JOB # 04111 �) .' 97-05 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands of Cohen) WHEREAS, Bruce A. and Eve W. Cohen, husband and wife as Joint Tenants (collectively, "Owner") own the property commonly known as 13303 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 a y of 0Qom' , 2005 ./ BY: Mayor • A Certified as a true copy City Clerk Cy rk ofof Los Altos Hills #656294v1