HomeMy WebLinkAbout60-12 • •
RESOLUTION 60-12
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Mad Manor II,LLC)
WHEREAS, Mad manor II, LLC ("Owner") owns the property commonly known as 27641
Purissima 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 18th day of October, 2012 by the following vote:
AYES: Larsen, Waldeck, Mordo, Radford, Summit
NOES: None
ABSTAIN: None
ABSENT: None
BY:
Rich La/,en, M.yor
Resolution 60-12 Page 1
• • .
ATTEST:_.
Deborah Padova�n,City Clerk
Resolution 60-12 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 18thday of October , 2012, by and between Mad Manor II
LLC, ("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 Mad Manor II, LLC, 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
Santa Clara, State of California, over the real property described and shown as Exhibit A,
Resolution 60-12 Page 3
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(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 pathways/bridges for
pathways-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, native vegetation may be planted within the easement but
no irrigation or sprinkler systems are permitted; 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 60-12 Page 4
• •
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:
Date: { 1 2 5 , 2012
Ruth B. Morrison, General Manager
Mad Manor II, LLC
o yr : OS ALTOS HILLS:
•
Date: October 19 2012 ------
,1ayor
ir
ATTEST: %
City Clerk-Deborah Padovan
Resolution 60-12 Page 5
• •
STATE OF CALIFORNIA )
)
COUNTY OF SANTA CLARA )
On ,(99 /4-2012, before me, Za- o-1 (. / � '0, ,Notary
Public,personally appeared /et/`/ii 6, it.eo,•r;/.&^, „i , 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.
andf official seal. tt SHARON L.192358
WITNESS my
handd COMM. #1923578 z
`' � o Notary Public-California o
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Signature: - ` eal)
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 60-12 Page 6
• •
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On October o9 , 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.
.0DEBORAH L.PADOVAN '
CoEBmmission#1929787
i; g o 1.. Notary Public-California z
Signature: �' �� (Seal) z' � Sonoma County -
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Resolution 60-12 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: October 19, 2012
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 60-12 Page 8
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Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
•
Resolution 60-12 Page 9
• 0
Exhibit"A"
Legal Description—
Open Space Easement
Portion of APN 175-43-035
An easement for open space purposes situate in the TOWN OF LOS ALTOS HILLS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, being a portion of the land
described in the certain Grant Deed recorded August 28, 2006 as Document No.
19081195 Santa Clara County Records, as shown on Exhibit"B"made a part hereof,
more particularly described as follows:
Commencing at the intersection of the Southerly line of said land with the Easterly line
of Parcel 1 as described in that certain Grant Deed recorded June 9, 1965 in Book 6987 of
Official Records, at Page 36, Santa Clara County Records, and as shown on
CALIFORNIA STATE HIGHWAY RIGHT OF WAY MAP R-155.9; thence along said
Southerly line North 68°25'06" East, 301.49 feet to the True Point of Beginning; thence
leaving last said line the following three (3) courses:
1. North 21°40'21" West, 166.81 feet;
2. North 67°16'03" East, 30.01 feet;
3. South 21°40'21"East, 167.42 feet to said Southerly line.
Thence along last said line South 68°25'06" West, 30.00 feet to the True Point of
Beginning.
Containing 5,013 square feet (0.11 acres), more or less.
1.0 LAND
&'....°.....
e$_PY F. 49 9.
14 0
No. 7623 VI 23
Ex2-31-12
i2 ! P. ly
Resolution 60-12 Page 10
G:\Cotrespondence\2005 JOBS\2050345\EASEMENT LEGALS\LEGAL-OPEN SPACE EASEMENT(3).doc
• 0
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-.0
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• BEGINNING
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AT PAOC 46
SCALE= 1" - 60'
EXHIBIT "B"
LEA & BRAZE ENGINEERING, INC. PLAT TO ACCOMPANY LEGAL
CIVIL ENGINEERS • LAND SURVEYORS DESCRIPTION FOR AN
BAY AREA REGION SACRAMENTO REGION OPEN SPACE EASEMENT
2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, # 300
HAYWARD. CALIFORNIA 94545 ROSEVILLE, CA 95661 LOS ALTOS HILLS, CALIFORNIA
(P) (510) 887-4086 (P) (916)966-1338
(F) (510) 887-3019 (F) (916)797-7363 SANTA CLARA COUNTY
WWW.LEABRAZE.COM Resolutio AP01:11N : 175-43-035 JOB #050345
DRAWN BY: MT SEPTEMBER 2012