HomeMy WebLinkAbout65-12 RESOLUTION NO. 65-12
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
WHEREAS, Jack Lam & Gina Chann ("Owner") owns the property commonly known as 24100
Hillview 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, 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 15th day of November, 2012 by the following vote:
AYES: Larsen, Waldeck, Mordo, Radford, Summit
NOES: None
ABSTAIN: None
ABSENT: None
---
Ric , Mayor
Resolution 65-12 Page 1
• S
ATTEST:
Deborah Padovan; City Clerk
Resolution 65-12 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 15th day:of November , 2012, by and between Jack Lam &
Gina Chann, ("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 24100 Hillview 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 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:
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
Resolution 65-12 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 aremade 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.
Resolution 65-12 Page 4
i
• 0
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.
OWNER:
200i-Date: ID I 1$ , 201
4
Jack
Date:
Otto bey. L 8 , 2012
_-,
Gina Chann
O 1 : OS ALTO_ ILLS:
Date: N OY1 m )' , 2012 & ,!
M;yoIV
/.
ATTEST ;_ ./ . ,,
City Clerk
Resolution 65-12 Page 5
•
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On November /9, 2012, before me, Deborah L. Padovan,Notary Public, personally appeared
Rich Larsen, 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 •
Commission# 1929787
-- (Seal) z Y;x: '•' Sonoma County
M Comm.Ex fires r 19,20t5
Resolution 65-12 Page 6
• •
STATE OF CALIFORNIA )
)
COUNTY OF SANTA CLARA )
•
On /0k/0- , 2012,before me, p(411�jj1y ()U/\J(- C,(1C,(114( .,Notary
Public, person lly appeared JXCZ (,,1 M 9 CriNA 0. 14FLIJJ , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/Csubscribed to the within instrument and acknowledged to me that he%he/410i
executed the same in lamer/fie authorized capacity(ies), and that by homer/tom
signature(s) on the instrument the person, or the entity upon behalf of which the person(s)
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. PHUONG DUNG DAO:CHU
Comm. No:1$40768 >
:tib.:: i,.'' NOTARyPUBLIC•CALIF.ORNIA Se
• • SANTA CLARA COUNTY
/�
(Seal)
STATE OF CALIFORNIA )
)
COUNTY OF SANTA CLARA )
On , 2012, before me, ,Notary
Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person, or the entity upon behalf of which the person(s)
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.
Signature: (Seal)
Resolution 65-12 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: November 19, 2012
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 65-12 Page 8
• •
Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
Resolution 65-12 Page 9
•
Exhibit"A"
Legal Description
Open Space Easement
24100 Hillview Drive
Los Altos Hills, California
Portion of Parcel A, as shown upon that certain Map entitled "Parcel Map
Resubdivision of Parcel 2, as shown on that certain Map, Recorded in Book 328
of Maps at Page 45, records of Santa Clara County California", which Map was
filed for record in the Office of the Recorder of the County of Santa Clara, State
of California, on October 17, 1985 in Book 553 of Maps, at Page 38, more
particularly described as follows:
Beginning at a point at the intersection of the northwesterly line of Magdalena
Avenue and the dividing line of Parcel A and Parcel B as shown on Said Map;
thence along said dividing line of Parcel A and Parcel B, North 82°15'08"West,
70.00 feet; South 77°15'00"West, 83.00 feet; South 82°45'00"West, 83.00 feet;
and North 26°00'00" West, 15.05 feet; thence leaving said dividing line of Parcel
A and Parcel B, North 73°28'26" East, 79.46 feet; thence easterly along a
tangent curve to the right, through a central angle of 41°43'02", a radius of
235.52 feet, and an arc length of 171.48 feet to a point on said northwesterly line
of Magdalena Avenue, said northwesterly line of Magdalena Avenue being a
curve, concave to the northwest, and having a radial bearing of South44°39'36"
East; thence southwesterly along said northwesterly line of Magdalena Avenue, a
curve to the right, through a central angle of 0°10'15°, a radius of 1960.00 feet,
and an arc length of 5.84 feet to the POINT OF BEGINNING.
Containing an area of 4,787 square feet, more or less.
End of description.
Description prepared by WEC and Associates, Inc. 7.-C:1:1--
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Page 1 of 2
Resolution 65-12 Page 10
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COURSE & CURVE OPEN SPACE �.\37-<..„_., L=18.98' � /
EASEMENT d=41'43'02" ,.6,,, N4345'00 112.56'
0 d-07015 R=1960.00' L=5.84'/'N\ R=235.52 e. /
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FOUND
MONUMENT
SCALE: 1"=80' LAND
SEPT 6, 2012 �F,o a N Sc,1=G
LEGEND: BASIS OF BEARINGS: �� o
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P.O.B. POINT OF BEGINNING THE BEARING, N70'45'37"W, OF THE CENTER LINE OF
------PROPERTY LINE HILLVIEW DRIVE, AS SHOWN ON THAT CERTAIN MAP FILED ( -g p.12/3`/1y3 *
-----CENTER LINE OF STREET THE OFFICE OF THE RECORDER OF SANTA CLARA COUNTY, �, NO. L8235 \Q
— — —MONUMENT LINE WASTE USED ASCALIFORNIA,HE IN BASIS OFBEARINGS553 GOSF MAPS AT PAGE
G THIS 38, 1gT OF CP,
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- -EASEMENT LINE
PLAT.
EXHIBIT"N',PAGE 2 OF 2
2PEN SW
E C 2625DLEFIELD
(650)
823-6466
4100HILLVIEW DRIVE & ASSOCIATESP ALTO,CA 306FAX: (650) 887-032
LOS ALTOS HILLS CA
Resolution 65-12 Page 11
•
Attachment 2
Adopted April 26,2007
- . 7 ` CREEKS I ND4RIPARIANFCORRIDORa , ` Y
305. Creeks and their associated riparian corridors are important public assets that provide
unique ecological, aesthetic, and recreational values to the community. The Los Altos
Hills stream system contains some of the most intact and valuable riparian habitat in the
San Francisco Bay region. Many miles of streams and their tributaries flow through the
Los Altos Hills Planning Area,including unnamed watercourses and the following named
creeks:
• Adobe Creek
x",,`r► y „ �� rysJ �
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• �• Barron Creek / •F� d -{ 11
9i f
• Deer Creek
y d
• Dry Creek • .#g1 •14 ;i1
y�y `;`
• Hale Creek �, r , • V.til ` �; qAt
• Loyola Creek 4
• Magdalena Creek ”t` • t„
• Matadero Creek
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•
• Purissima Creek ��� `°
• Permanente Creek
• Robleda Creek *f'"-
• Summerhill Creek Adobe Creek
306. Creeks and riparian areas are critically important as wildlife habitat and migratory
corridors. Many of the Town's riparian areas are contiguous with riparian areas in larger
adjacent open space preserves such as Rancho San Antonio, Los Trancos, and
Arastradero, which significantly increases their ecological value. Riparian areas also are
essential in maintaining creek stability and water quality. Healthy riparian vegetation
adjacent to watercourses stabilizes steambanks, absorbs water, and filters pollutants.
Creeks and riparian corridors also provide significant aesthetic and recreational values.
Many of the stream canyons are essential links in the Town's pathway system.
307. The presence of invasive, non-native plant species(e.g., Italian thistle, pampas grass, and
arundo) in riparian corridors has an adverse effect on native vegetation and reduces the
hydrologic function and wildlife value. Timely removal of invasive species will preserve
the quality and function of riparian areas and avoid much more expensive restoration
expenses in the future.
308. Owners of property intersected by creeks and riparian corridors are faced with a
confusing array of requirements and restrictions by various agencies. A clear set of
guidelines and standards for riparian corridors would make the planning process more
objective and ensure that General Plan goals and policies are carried out.
Conservation Element
Los Altos Hills General Plan
Resolution 65-12Page 2 Page 12
Adopted April 26,2007
GOAL 1
Conserve creeks and riparian areas as open space amenities
and natural habitat areas.
Policy 1.1 Avoid fencing, piping, and channelization of creeks when flood
control,and public safety can be achieved through measures that
preserve the natural environment and habitat of the creek.
Policy 1.2 Work with the Santa Clara Valley Water District and other
relevant regional agencies to enhance riparian corridors and
provide adequate flood control by use of low impact restoration
strategies.
Policy 1.3 Preserve the integrity of riparian corridors as unique and
environmentally sensitive resources.
Program 1.1 Continue to require that structures be set back at least 25 feet from the
top of creek banks. To ensure adequate protection of these valuable
resources, review the 25-foot setback and consider expanding it to the
driplines of mature oak trees within the setback.
Program 1.2 Continue to require open space easements along creeks and riparian
corridors to ensure that these areas remain in their natural condition.
Program 1.3 Continue to comply with the requirements of CEQA (California
Environmental Quality Act) for proposed development that might
impact creeks and riparian corridors. Other relevant local, state and
federal agencies including the Santa Clara Valley Water District, the
Regional Water Quality Control Board, the California Department of
Fish and Game, and the U.S. Army Corps of Engineers are consulted
as appropriate.
Program 1.4 Develop a comprehensive riparian policy that compiles and clarifies all
relevant requirements for affected property owners.
Conservation Element
Los Altos Hills General Plan
Resolution 65-143age 3 Page 13
i • .
• Attachment 3
Adopted May 8,2008
I
•
. , Town of Los Altos Hills
.. �� 3 ;, Land Use Diagram `
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Land Use Element
Los Altos Hills General Plan
Resolution 65Page LU-6 Page 14