HomeMy WebLinkAbout73-03 •
RESOLUTION NO. 7 3-0 3
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Bowes)
WHEREAS, Michael Bowes and Kristen Bowes, husband and wife as community property
with right, of survivorship ("Owners") own the property commonly known as 12859 Normandy
Lane, 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 thepublic 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 exe_ to the Open Space Easement Agreement.
PASSED AND ADOPTED this day i'101 e._ /' , 2003
�
/
BY: `' -
Mayor
A :T:
\--
City Clerk
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REQUEST.
Attachment A to Resolution 73-03
RECORDING � / �}
TOWN OF LOS(ALTOS HILLS
• AND IS EXEMPT FROM FEE DOCUMENT: 17534384 Pages 10
PER GOVERNMENT CODE
SECTIONS 6103 AND 27383 11 111 1 111111 1111 11 11 0 Fees. . . . * No Fees
Taxes. . .
Copies.
WHEN RECORDED MAIL TO: AMT PAID
Town of Los Altos Hills
26379 Fremont Road BRENDA DAV I S RDE # 011
Los Altos Hills, CA 94022 SANTA CLARA COUNTY RECORDER 12/16/2003
Attn: City Clerk • , Recorded at the request of 2:55 PM
City
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
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RESOLUTION NO. 73-03 w_....�_._..._....._, _
DOCUMENT TITLE
Resolution of the City Council of the Town of Los Altos Hills Approving
Agreement for Open Space Easement
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SEPARATE PAGE, PURSUANT TO GOVT CODE.27361.6
3149
i ` n
RESOLUTION NO.
73-03
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands of Bowes)
WHEREAS, Michael Bowes and Kristen Bowes, husband and wife as community property
with right of survivorship ("Owners") own the property commonly known as 12859 Normandy
Lane,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 exe_ to the Open Space Easement Agreement.
PASSED AND ADOPTED this I Ntkaay e/._.l' , 2003
BY: •/ -
• Mayor /
A :T:
.
City Clerk
#656294v1
Attachment A
Open Space Easement Agreement
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#656294v1
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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 /3 day of i , 2003, by and between by and between Michael
Bowes and Kristen Bow , husband and wife as community property with right of
survivorship ("Owners") and the Town of Los Altos Hills, a municipal corporation
("Town").
RECITALS
A. Owners own that certain real property in the Town of Los Altos Hills
commonly known as 12859 Normandy Lane,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. Owners 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 Owners.
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:
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1. Grant of Open Space Easement. Owners, 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. Owners,
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 Owners 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 r 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.
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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:
Kristen Bowes
Date: 8/15 , 2003 • ' _:--" .. !
Michael Bowes
TOWN OF LOS ALTOS HILLS:
Date: q 1 , 2003 �,`_ _ /._...... =—
Mayor f 0
ATTEST: , ' _
City Cler..
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#656191v1
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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<< On August 13, 2003 „before me, Patti A. Babcock, Notary Public, J�
Date Name and Title of Officer(e.g., Jane Doe,Notary Public')
personally appeared Kristen and. Michael Bowes, husband and wife, ,
' Name(s)of Signer(s)
%personally known to me 9
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to be the person(s) whose name(s) 42/are 1
subscribed to the within instrument and 1.
4, acknowledged to me that. €'e a/they executed
�� PATI A.BABCOCIC the same in bisaler/their authorized
/1 .!4ii'-�`- ft;omrnsswn,#1237502 capacity(ies), and that by h ichor/their •�
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My Comm.[ esOet-1o•2�i acted, executed the instrument.
�'4 WITNESS�� my hand and official seal. )
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Signature of Notary Public C•
1OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
g Description of Attached Document y
Title or Type of Document: 4
, Document Date: Number of Pages: j
Signer(s)Other Than Named Above:
C
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Q Capacity(ies) Claimed by Signer
C Signer's Name: 4
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❑ Corporate Officer—Title(s): 1
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®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1.800-876-6827
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Exhibit A
CONSERVATION EASEMENT
All that certain property situated in Town of Los Altos Hills, County of Santa Clara, State of
California.
Beginning at Southwesterly corner of Lot 12, as shown on that certain Map entitled Tract 3147,
Colonial Estates Unit No. 2, said map was filed for record in Book 154 of Maps, at Pages 10 and
11, Santa Clara County Records;thence along the Northwesterly lot line North 54 Degrees 00
Minutes 00 Seconds East a distance of 68.56 feet;thence South 51 degrees 30 Minutes 00
Seconds East a distance of 60.60 feet;thence North 74 Degrees 16 Minutes 10 Seconds East a
distance of 80.00 feet; thence along the Southeasterly limit of the conservation easement and
non-tangent curve to the right, said curve having a radius of 180.00 feet, a length of 130.99 feet
and a central angle of 41 Degrees 41 Minutes 40 Seconds, and radial bearing North 38 Degrees
40 Minutes 05 Seconds West;thence South 54 Degrees 00 Minutes 00 Seconds West a distance
38.00 feet to the Westerly lot line;thence along said lot line North 36 Degrees 05 Minutes 56
Seconds-West a distance of 46.14 feet to the beginning of this description.
Containing 0.113 acres more or less.
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#656191v1
A PLOT TO ACCOMFANY . A DESCRIPTION
TOWN OF LOS ALTOS _ HILLS
SANTA CLARA COUNTY .
CALIFORNIA
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LO-C 13 41:6;?,,, .
CONSERVATION EASEMENT
0.113MRCS 30. 6'„ Off.
P.O.B. , • '
�h°` °°F :o.o0 y`c R • LOT 12
/ • //'/�!` b BOOK 154 OF MAPS, PAGES 10-11
0,4- 00 TRACT 3147
40s,. sr 4.*(Np R';' •,30
r 12859 NOAPN RMANDYLANE /� r13'
. 56,4 'S� S 3 0 ,35.. 1.216 ACRES . (1, tv
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WESTFALL ENGINEERS, INC. . ;, , �
1033100 SAew MAY. SMATOOA .gip cAtlif e
I declare under penalty of perjury that the foregoing is true.
Date:December 2 2003 Attest:
Place:
Town Hall City
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022