HomeMy WebLinkAbout02-01 •
RESOLUTION NO. 2-01
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS ACCEPTING
GRANT OF OPEN SPACE EASEMENT FOR PATHWAY
ON LANDS OF GINZTON
WHEREAS, Nancy Hader Ginzton, a single woman, ("Ginzton") has offered to
dedicate an open space easement for pathway to the Town on the Lands of Ginzton; and
WHEREAS, the City Council of the Town has read and considered that Grant of
Open Space Easement for Pathway.
NOW, THEREFORE, the City Council of the Town does RESOLVE as follows:
1. The City Council of the Town of Los Altos Hills hereby accepts the Grant of
Open Space Easement for Pathway on behalf of.the public.
2. The Town of Los Altos Hills shall enter into and the Mayor is hereby
authorized and directed to execute the Grant of Open Space Easement for Pathway.
PASSED AND ADOPTED this 4th day of January , 2001.
B /
_ /
Mayor
ATTEST:
DCity Clerk
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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
GRANT OF OPEN SPACE EASEMENT FOR PATHWAY
This Grant of Open Space Easement for Pathway ("Agreement") is made and
entered into this iq day of Deceits/11)4,1 , 2000, by and between the Nancy.Hader
Ginzton, a single woman ("Owner") and the TOWN OF LOS ALTOS HILLS, a municipal
corporation, ("Town").
RECITALS •
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A. Owner is the owner of certain real property located in the Town, which real
property is commonly known as 28012 Natoma Road, and is more particularly described
on Exhibit A attached hereto (the "Property").
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 the easement granted herein to be consistent with the Town's
General Plan.
D. Owner desires to grant to Town,and Town desires to accept, a nonexclusive
easement on, over, and across a portion of the Property for open space purposes,
including, without limitation, pedestrian, bicycle, and equestrian purposes, together with
the right of ingress and egress thereto.
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. Owner, as grantor, hereby grants to the
Town an open space easement for pathway purposes, which shall include, without
limitation, pedestrian, bicycle, and equestrian access and use, together with the right of
ingress and egress thereto, on, over, and across those portions of the Property as shown
on Exhibit B attached hereto (the "Easement"),to have and to hold said Easement for the
term and for the purposes and subject to the conditions, covenants and restrictions
contained herein.
2. Construction of Pathway Facilities. The Town shall have the right,but not the
obligation, to construct a pathway and any improvements incidental thereto within the
Easement ("Pathway Facilities"). Any costs or expenses incurred in connection with
constructing the Pathway Facilities shall be paid by the Town. Owner shall incur no liability
in connection with the construction of the Pathway Facilities.
3. Maintenance of Pathway Facilities. The Town shall maintain the Easement •
and the Pathway Facilities in good condition and repair. Any costs or expenses incurred
in connection with any such maintenance or repair work shall be paid by the Town. Owner.
shall incur no liability in connection with any maintenance or repair work performed on the
Easements or the Pathway Facilities except to the extent any such maintenance or repair
work is required as a result of any intentional or willful misconduct of Owner.
4. Restriction on Use of Easement. During the term of this Agreement, the
Easement shall not be used for any purpose other than as an open space easement,
including those uses described in Section 1 above. Owner, for the direct benefit of the
public and the Owner, hereby declares that the Easement shall be subject to the following
restrictive covenants that shall run with the land and shall be binding upon all subsequent
owners of the Property:
a. No buildings,structures,or improvements,including any fences, shall
be constructed on or within the Easement except as necessary in connection with any
public or private utility easement dedicated to the Town, provided these reserved
exceptions shall be consistent with the purposes of law and shall not permit any action
which will be incompatible with maintaining and preserving the natural or scenic character
of the land;
b. No natural resources shall be extracted from the Easement nor shall
other activities be allowed or conducted on the Easement which may destroy the unique
physical and scenic characteristic of the land or interfere with the Pathway Facilities;
c. No grading of the Easement shall be allowed other than in connection
with the construction, repair, and maintenance of the Pathway Facilities or as necessary
in connection with other permitted uses; and
d. No landscaping or planting of any kind by Owners shall be allowed
within the Easement. The Town shall have the right to cut, trim, remove, or thin any
vegetation or growth located within or adjacent to the Easement and the Town, at its sole
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cost and expense,shall have the right to plant or install additional landscaping as the Town
deems necessary.
• 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. Statutory Authorization. This Agreement and the grant of the above
Easement is entered into pursuant to Civil Code section 815 et seq. This Agreement is
• subject to all of the provisions of said sections including any amendments thereto which
may hereafter be enacted. In addition,this Agreement is expressly intended to qualify as •
an "open space easement"for the purposes of Revenue and Taxation Code sections 421
through 430.5.
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6. Term of Agreement. This Agreement. shall be effective on the date of
recordation and shall remain in effect in perpetuity.
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7. Successors in Interest. This Agreement and the open space easement
granted herein shall run with the Property and shall be binding upon and inure to the
• benefit of the heirs, successors, and assigns of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
OWNER
Date: 1q lecem , 2000
Nancy Hader Ginzton
TOWN , A, TOS HIL
Date: January 4 , 200t By.,/
)ts: Mayor
City Clerk
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STATE OF CALIFORNIA )
) ss:
COUNTY OFg
On f9 , 2000, before me, the undersigned Notary Public, personally •
appeared 1/4ad./ h G,;v7_4\.;. personally known to me (or 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.
WITNESS my hand and official seal.
o , iERINE
Signature Comm. 120018
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V NOTAAYPUBLIC•CALIfOgNIR =1
Sb Clara County
My Comm.Expires Nov.6,2002
STATE OF CALIFORNIA )
) ss:
COUNTY OF •
• On , 2000, before me, the undersigned Notary Public, personally
appeared , personally known to me (or 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 thatshe executed the same in her authorized capacity, and that
by her 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.
Signature
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PORTION Or LOT 13 as. shown on that c'ertein Hap entitled "Nap of the .
Subdivision of mot 2 and part of Lot 1 of the Teaffo Partition irr
the Rancho. La Purissica Concepcion, as.recorded in Book C or t!ap3,
Pages 118 .and 119, records of Santa Clara. County't, which trap was
filed for record in the ot'fjce of the Recorder of the County of. - .
Santa Clara, State of California oh Julie 25,- 1891+ in Rook 71 of •
Maps, at pages 76 and 77, Santa Clara County'Records- and being mere
- particularly described as follows:
BEGII'3ING at a point on the I:oi•thwesterly line of-Lot 13distant
thereon North 710 30'•�East 370.50 feet from the intersection thereof
with the center line of Elena Avenue, as_shown on the Hap hereinabove
referred to, said point also being the_'cost Northerly corner of the
land conveyed by Ardis E. Dembroge et.-vg-.to Edward L. Ginzton et
ux dates August 27, 191+8 recorded Septeteber.3., -19118 in Book 1670 of
Official Records, page 149; thenoe•a1orig the:Northeasterly line .of the
land conveyed to Gin+zton South 180.'30' East 396 feet to the South- •
easterly line of said Lot 13, as .shown on said.kap; thence along the •
said Southeasterly line of Lot ).3, North, 71° 30' Feet 165 rest;
thence leaving said Southeasterly line and running Korth 180 30' West•
and parallel with said Northeasterly line of the land convoyed to
Ginzton, 396 feet to the said Northwosterly_line of Lot 13; thence
along said Northwesterly litre of, lx.t 13;_-South 711 30' West 165 feet
to the point of beginning.
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TOOvTRM WITH a non-cxc1usive right or 'ay:ror ingress and egress,_
and for the installation and malntonanCa of public utilities over a
strip of land 20 feet wide, the Northwesterly: line- of which is
descrited as follows:
Beginning at the point of intersection of the Northwesterly line of
Lot 13 with the center line of Elena Avenue, :shown on the Nap
hereinabove referred to; thence along said Northvosterly line of Lot
13 -.Worth 71. 30' East 1134.54 feet. to the-•Ifnrtheasterly corner of
said Lot 13. -
EXHIBIT A
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EXHIBIT B,-:p.1
OPEN SPACE EASEMENT
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STATE
REAL PROPERTY IN THE TOWN LOS ALTODSS OIF GINZTON DESCRIBED IN THELLS, COUNTY OF SANTA �GRANT
OF CALIFORNIA, A PORTION OF THE LAN
RECORDED JULY 25, 1977 IN BOOK D012 OF FICIAL RECORDS AT PAGE 303 IN
THED OF SAID COUNTY, DESCRIBED AS FOLLO
THE RECORDS
THE SOUTHEASTERLY 10 FEET OF SAID PARCEL.
("1-...04, .0--'"'"•'4,. t.,.e, -
DESCRIPTION PREPARED BY: 43..A•cir "/' ,fes`
L/ <_ 18 No. �`►1�1 S
WILLIAM B. MASTERSON, L.S. 481: 4
LIC. EXP. 9-30-04 �'
000..b0,2+,2000 0• '
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EXHIBIT B, p.2
10' OPEN SPACE EASEMENT
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Approved: JOB NO.
383A VINTAGE PARK DRIVE, FOSTER CITY, CALIFORNIA 94404 5650)349-2151
10' OPEN SPACE EASEMENT 156-19-20
A PORTION OF THE LANDS DESCRIBED
IN DOC. NO. D 021 OR 303 SCALE: 111=460'
SANTA CLARA COUNTY CALIFORNIA DATE: 12/22/z000