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HomeMy WebLinkAbout16-00 4:L , RESOLUTION NO. 16-00 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACCEPTING GRANT OF OPEN SPACE EASEMENT FOR PATHWAY ON LANDS OF PATMORE WHEREAS, James W. Patmore and Leda C. Patmore, ("Owners") have offered to dedicate an easement to the Town on the Lands of Patmore; 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 2nd day of March , 2000. By: / May, ATTEST: City Clerk N:\DATA\Clients\L\LAH1Projects\PatmoreZarcone\ACC-EAS.RUT • • DOCUMENT: 15185975 itles: 1 / Pages: 9 Fees. . . .. No Fees This Document is Recorded Taxes. . . For the Benefit of the m6615185975 Copies. . Town of Los Altos Hills AMT PAID And is Exempt from Fee Per Government Code BRENDA DAVIS RDE # 011/015 Sections.6103 and.27383. .;: ., SANTA CLARA COUNTY RECORDER 3/21/2000 Recorded at the request of 8:39 AM When Recorded, Mail to: Ci ty 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 2nd day of Bch -. , 2000,- by-and between-James" Warren Patmore Trustee and Leda Carla Patmore Trustee of the Patmore Revocable Trust dated July 8, 1999("Owners")and the Town of Los Altos Hills, a municipal corporation, ("Town"). RECITALS A. Owners are the owners of certain real property located in the Town, which real property is commonly known as 27650 Central Drive 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 easements granted herein to be consistent with the Town's General Plan. D. Owners desire 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. 1 N:\DATA\Clients\L\LAH\Projects\PatmoreZarcone\openspace.EAS • • 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. Owners, as grantor, hereby grant 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. Owners 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. Owners 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-Owners. 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. Owners, for the direct benefit of the public and the Owners, hereby declare 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, includinganyfences, shall 9 p 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 2 N:\DATA\Clients\L\LAH\Projects\PatmoreZarcone\openspace.EAS • • 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 the Easement and the Town, at its sole 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. 3 N:\DATA\Clients\L\LAH\Projects\PatmoreZarcone\openspace.EAS • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement. OWNERS f Date:. , 2000 - Ja- es Warren Patmore, Trustee Date: 2 2-5 , 2000 L-da Carla Patmore, Trustee 4114 WN OF LO LS Date: March 2 , 2000 By - AI Its: Mayor ATTEST: City Clerk 4 N:\DATA\Clients\L\LAH\Projects\PatmoreZarcone\openspace.EAS • CALIFORNIAAL-PURPOSE ACKNOWLEDGMENT Cc 4 State of CAS"re='1�« ) Cc, ) Ce 4 County of A 4 On f=-b• OS-, 247'r70 before me, �� --1 A -r' , ) iDate Name and Title of Officer(e.g.,"Jane Doe,Notary Public' ):personally appeared `,p` eS0- -FA'l�o•C �0 Le7A.c ' tcprMo2E, iN Name(s)of Signer(s) ) ❑personally known to me-OR-roved to me on the basis of satisfactory evidence to be the person(s) - i / whose name(s) is/are subscribed to the within instrument Ck and acknowledged to me that he/she/they executed the Ce same in hisThor/their authorized capacity(ies), and that by I 4tlis,the4their signature(s)on the instrument the person(s), 4 or the entity upon behalf of which the person(s) acted, ) executed the instrum-, qr. JULIA GREST Comm.#1158946 '� �' WITNESS • and an• �� u ®- •NOTARY PUBLIC-CALIFORNIA ) SANTA CLARA COUNTY Q // r CgLIFON' * Comm.Exp.Oct.18,2001 �+ Ar ��I/, ) << iii//�/w of Notary Public Ce, , << OPTIONAL 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. Description of Attached. Document Title or Type of Document: '-c-t'^-4 o - ( 1'-' eb2 14Y 4Document Date: Number of Pages: 6E3 i • ►I/,� • Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer(s) a 4 Signer's Name: - Signer's Name: j 4 ) 4 D Individual ❑ Individual ) 4 ❑ Corporate Officer ❑ Corporate Officer i • Title(s): Title(s): ) ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General • i ❑ Attorney-in-Fact ❑ Attorney-in-Fact ) ❑ Trustee ❑ Trustee RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Guardian or Conservator OF SIGNER El Guardian or Conservator OF SIGNER _ 1 4 ❑ Other: Top of thumb here ❑ Other: Top of thumb here (i ) C �C• Vie' Signer Is Representing: Signer Is Representing: Cc 4e ©1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • 02/24/2000 10:38 16503454921 WILSEY HAM • PAGE 02 • EXHIBIT A LANDS OF PATMORE REAL PROPERTY IN THE TOWN OF LOS ALTOS HILLS,COUNTY OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: ALL OF PARCEL 2 OF TRACT NO.4184,RECORDED IN VOLUME 283 OF MAPS AT PAGE 49 IN THE RECORDS.OF SAID COUNTY DESCRIPTION PREPARED BY: LAND WILLIAM B.MASTERS—ON,L.S.4818 o, 4818I 1, � *I f 9.30-0 LIC.EXP. �20 / 00 �14lEQFCAL�Fa \p ., 02714/2000 10:38 16503454921 ,WILSEY HAM PAGE 03 • • • EXHIBIT B PATMORE PATHWAY EASEMENT REAL PROPERTY IN THE TOWN OF LOS ALTOS HILLS,COUNTY IOF SANTA 28370E MAPS AT PAGE 49 IN THE RECORDS OF PORTION OF PARCEL 2 OF TRACT NO.4184 RECORDED SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF CENTRAL DRIVE WITH THE WESTERLY LINE OF PARCEL 2;THENCE THROUGH THE FOLLOWING NUMBERED COURSES: • 1) N. 13°45'32'E. 145.57 FEET 2) S.76°14'28' E. 3.44 FEET 3) N.54°0725'E 52.09 FEET 4) N.84°08'25' E 106.19 FEET TO THE NORTHERLY LINE OF PARCEL 2 5) S.79°26'00'E.ALONG SAID LINE 35.36 FEET 6) S.84°0875'W.137.43 FEET 7) S.54°07'25'W.40.91 FEET 8) S.76°1428'E. 3.44 FEET 9) S. 13°4532'W.65.00 FEET 10) S.7661478' E. 15.00 FEET 11) S. 13°45'32'W.42.79 FEET TO THE NORTHERLY LINE OF CENTRAL DRIVE 12) S.56°34'22'W.51,50 FEET TO THE POINT OF BEGINNING. DESCRIPTION PREPARED BY: � LAND s _ LP p \401- p 4818 WILLIAM B. MASTERSON,L.S.4818 �* t No. LIC.EXP.9-30-00 • 3G'-et) j February 24,3100 \4> f OF CAO- '� 1 9224/2000 10:3 16503454921 WILSEY HAM PAGE 04 --- • ...... t 106,19 -- 3536 1 Jo4 5� f 137.43 52°12?� N76.14,28,� , c)2 3.44 20' 3 46 14128•4, d I. x _�. I tN7 z7 ,c55 `14.28. La / 7--^ ~ , 35.' VI?) LlarD) va7 = --1 ...-- 0 _5 NN, / 4` F A7NOT-73 5�- ,„s Q ��3b, P, � P& HCC = 2 G / - in9 41e .4 \ ,2o� CCaC8 4 2 C 3 Mfr.. Y: Jinn, ELM HAM JOB NO. 3 VINTAGE PARK ORIVE, FOSTER CM, CAUFORNu�850)349-2151 156-19-32 1 No. 4818 4' PATHWAY EASEMENT ,. �,, � PATMORE 79E .10.00' •• SCALE: 1 ”=4Q' °f cA�`F.- LOS ALTOS Ii[LLS SANTA CLARA CO. CALIFORNIA DATE: 2/23/00