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RESOLUTION NO. 3-01
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS ACCEPTING
GRANT OF OPEN SPACE EASEMENT FOR PATHWAY
ON LANDS OF NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE
UNITED STATES
WHEREAS, National Trust for Historic Preservation in the United States, ("NTHP")
has offered to dedicate an open space easement for pathway to the Town on the Lands
of NTHP; 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 this4th. day of Janua , 2001.
Mayor
ATTEST:
City Clerk
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N:IDATA\Clients\LW4H\Projects\Ginzton\HistTrustos.rut
RECORDING REQUESTED BY DOCUMENT: 15541032 ^Titles: 1 / Pages: 11
•• North American Title Co. Fees. . . .* No Fees
Escrow NO. 50160270—BAW 1 1 11 1111 11 1111
Taxes. . .
Ko0015541032 Copies.
AMT PAID
WHEN RECORDED MAIL TO:
Town of Los Altos Hills BRENDA DAVIS RDE # 006
26379 Fremont Road SANTA CLARA COUNTY RECORDER 1/29/2001
Recorded at' the request of 1 :03 PM
Los Altos Hills, CA 94022 North American Title Company
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APN No. -182-11-073-
(
o. 182-11-073( SPACE ABOVE THIS LINE FOR RECORDER'S USE )
•
Grant of Open Space Easement
for Pathway
DOCUMENT TITLE
SEPARATE PAGE PURSUANT TO GOVT CODE 27361 .6
•
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
•
APN No. 182-11-073
GRANT OF OPEN SPACE EASEMENT FOR PATHWAY
This Grant of Open Space Easement for Pathway ("Agreement") is made and
entered into this 4th day of January , 2001 by and between the National Trust for
Historic Preservation in the United States "Owner") and the TOWN OF LOS ALTOS •
HILLS, a municipal corporation, ("Town").
RECITALS
A. Owner is the owner of certain real property located in the Town, which real
property is commonly known as 28014 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:
1 . N:IDATAICIientslLlLA11Projects\Ginzton\NistTrustoseas
f ! •i
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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.gradingof 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.
6. Term of-Agreement. This Agreement shall be effective on the date of
recordation and shall remain in effect in perpetuity.
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:National Trustfor Historic Preservation
in the United ates
Date: 12.- N , 2000 By:
Its: P1Zes%-1)€4.)i
TOWN OF `!% A - 'S HI
Mayor
ATTEST: —
• City Clerk
•
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4110l (410
STATE OF )
v(sT(Z1 CT OF C1oLi)M$I A ) ss:
On 1.e.r.o.rn 19 , 2000, before me, the undersigned Notary Public, personally
appeared eta-cif/A_Moe. , personally known to me (or proved to me on the basis of
satisfactoryevidence)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.
Signature
Jenn r Dooley '
Notary Public,District of Cotombfar
My Commission Expires 12-14-04
•
STATE OF
) 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 that she 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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•
Exhibit A
Description:
• The land referred to herein is situated in the State of California, County of Santa Clara, Town of
Los Altos Hills,and is described as follows:
PARCEL-ONE: .
•
BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF ELENA AVENUE WITH
THE NORTHWESTERLY LINE OF LOT 13 AS SAID AVENUE AND LOT ARE SHOWN UPON THE
RECORDED MAP HEREINAFTER REFERRED TO;THENCE ALONG THE CENTER LINE OF ELENA
AVENUE S 43°04'E.368.28 FEET AND S.70°35'E.99.66 FEET TO THE LINE DIVIDING LOTS 12
AND 13 AS SHOWN UPON SAID RECORDED MAP;THENCE ALONG SAID DIVIDING LINE N.71°30'
E.83.675 FEET;THENCE LEAVING SAID DIVIDING LINE AND RUNNING PARALLEL WITH THE •
NORTHEASTERLY LINE OF SAID LOT 13 N. 18°30'W.396 FEET TO THE NORTHWESTERLY LINE
OF SAID LOT 13;THENCE ALONG SAID NORTHWESTERLY LINE S.71°3d'W.315.50 FEET TO THE
•
POINT OF BEGINNING AND BEING A PORTION OF LOT 13 AS SHOWN ON THAT CERTAIN MAP
ENTITLED"MAP OF THE SUBDIVISION OF LOT 2 AND A PART OF LOT 1 OF THE TAAFFE
PARTITION IN THE RANCHO LA PURISSIMA CONCEPCION AS RECORDED IN BOOK'E"OF MAPS,
PAGE 118 AND 119 RECORDS OF SANTA CLARA COUNTY"AND WHICH SAID MAP WAS FILED
FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE.
OF CALIFORNIA, ON JUNE 25, 1894, IN BOOK"H'OF MAPS,AT PAGES 76 AND 77.
PARCEL TWO: •
BEGINNING AT THE POINT OF ON THE NORTHWESTERN LINE OF LOT 13 DISTANT THEREON N.
71°30' E.315.50 FEET FROM THE INTERSECTION THEREOF WITH THE CENTER LINE OF ELENA
AVENUE,AS SAID LOT AND"AVENUE ARE SHOWN ON THE MAP HEREINAFTER REFERRED TO:
SAID POINT OF BEGINNING BEING ALSO THE NORTHERNMOST CORNER OF THE LAND •
CONVEYED BY ARDIS E. DEMBROGE AND HUSBAND TO EDWARD L. GINZTON AND WIFE BY
DEED DATED JUNE 23, 1948, RECORDED JUNE 28,1948,.IN BOOK 1638 OF OFFICIALRECORDS,
PAGE 83;RUNNING THENCE SOUTHEASTERLY AND ALONG THE NORTHEASTERN LINE OF THE
LAND SO CONVEYED TO GINZTON S. 18°30'E.396 FEET TO THE SOUTHEASTERN LINE OF SAID
LOT 13;THENCE ALONG THE SOUTHEASTERN LINE OF SAID LOT 13 N.71°30'E. 55 FEET;
. THENCE NORTHWESTERLY AND PARALLEL WITH THE SAID NORTHEASTERN LINE OF THE
LAND OF GINZTON N. 18°30'W.396 FEET TO THE SAID NORTHWESTERN LINE OF LOT 13;
THENCE ALONG THE NORTHWESTERN LINE OF SAID LOT 13 S.71°30'W.55 FEET TO THE
PLACE OF BEGINNING, AND BEING A PORTION OF LOT 13 AS SAID LOT IS SHOWN ON THAT
CERTAIN MAP ENTITLED"MAP OF THE SUBDIVISION OF LOT 2 AND A PART OF LOT 1 OF THE
•TAAFFE PARTITION IN THE RANCHO LA PURISSIMA CONCEPCION AS RECORDED IN BOOK'E"
OF MAPS. PAGE 118 AND 119 RECORDS OF SANTA CLARA COUNTY"AND WHICH SAID MAP •
WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA,ON JUNE 25, 1894, IN BOOK"H"OF MAPS,AT PAGES 76 AND 77.
•
PARCEL THREE:
A RIGHT OF WAY FOR INGRESS AND EGRESS AND FOR THE INSTALLATION AND MAINTENANCE •
OF PUBLIC UTILITIES OVER A STRIP OF LAND 20 FEET WIDE,THE NORTHWESTERN LINE OF
WHICH IS DESCRIBED AS FOLLOWS:BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF
SAID LOT:13 DISTANT THEREON N. 71°30' E.370.50 FEET FROM THE INTERSECTION OF SAID
NORTHWESTERLY LINE OF LOT 13 WITH THE CENTER LINE OF ELENA AVENUE,THENCE
ALONG THE NORTHWESTERLY LINE OF SAID LOT 13 N.71°30'E.764.04 FEET TO THE
NORTHEASTERLY CORNER OF SAID LOT 13. •
•
ASSESSOR'S PARCEL NUMBER: . 182-11-073
•- (.
• EXHIBIT-B, p.1
OPEN SPACE EASEMENT
REAL PROPERTY IN THE TOWN LOS ALTOSDOF THE NATIONAL TRUST FORS HILLS, COUNTY OF SANTA �HISTORIC
, STATE
OF CALIFORNIA, A PORTION OF THE
RECORDED OCTOBERION IN THE UNITED2000 AS DOCUMENT.NUMBER 1540 858 N THE RECORDS OF
RECORDED 2,
SAID COUNTY, DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 10 FEET OF SAID PARCEL.
DESCRIPTION PREPARED BY: lr -%- 74. �` \
44d eeN1:5\
WILLIAM B. MASTERSON, L.S.4818 No. 4818
LIC. EXP. 9-30-04 9 -214
December 21.2000
r . `j •
EXHIBIT B, p.2
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10' OPEN SPACE EASEMENT I.
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pproved: . JOB NO.
383A VINTAGE PARK DRIVE. FOSTER �. CALIFORNIA 94404 (630)349-2151
10' OPEN SPACE EASEMENT 156-19-20
A PORTION OF THE LANDS. 111=60'DESCRIBED �
IN DOC. NO. 15407858scAt.�:
SANTA CLARA COUNTY CALIFORNIA cAE:11 Z000