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Home My WebLink About49-11 • • RESOLUTION NO. 49-11 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AGREEMENT FOR OPEN SPACE EASEMENT (Lands Preysman) WHEREAS, Vladimir Preysman ("Owner") owns the property commonly known as 24202 Hillview 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, in compliance with the conditions of approval granted for a new residence (File #73-11-ZP-SD), the Owner has agreed to provide an open space easement 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. AYES: Summit, Larsen, Mordo, Radford, Waldeck NOES: None ABSTAIN: None ABSENT: None ` BY: Ging-f it,Mayor Resolution No.49-11 Page 1 • • ATTEST:; - Deborah Padovan;City Clerk • Resolution No.49-11 Page 2 • Attachment A to Resolution 49-11 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 Agrerent for Open Space Easement ("Agreement") is made and entered into this A211 day of S€ $-hl 2011, by and between Vladimir Preysman, ("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 24202 Hillview Road, 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 Resolution No.49-11 Page 3 • • 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. 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 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 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 No.49-11 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: /* , 2011 - ` Vladimir Preysman / TOWN OF LOS ALTOS HILLS: Date:49-/-etnii7-08, 2011 /� ayor-G/ger :ummit ATTEST: City Clerk-Deborah Padovan Resolution No.49-11 Page 5 • • STATE OF CALIFORNIA COUNTY OF SANTA CLARA On /1:14(1-8/ , 2011, before me, LAW Pi q I7-IVO, Notary Public, personally appeared VLA6-7/0/g. /726-17911A-A) , 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. JOAN M.PRIMITIVO *1!-Z CommissIon 0 1810387 Notary Public-California -'• / Sara&Clara County ( COMM.Sohn Oct 19,2012 Sign.ture: (Seal) Page 6 Resolution No.49-11 • • EXHIBIT"A" LEGAL DESCRIPTION FOR THE OPEN SPACE EASEMENT DEDICATION FOR 24202 HILLVIEW ROAD LOS ALTOS HILLS, CALIFORNIA THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 31, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "HILLHAVEN" WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON AUGUST 19, 1930 IN BOOK Y OF MAPS , AT PAGES 20 AND 21, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 31 AS SHOWN ON MAP HEREINABOVE REFERRED TO; THENCE ALONG SOUTHEASTERLY LINE OF SAID LOT 31, NORTH 44° 15'00"EAST 117.56 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE AND RUNNING NORTH 66° 05' 08" WEST 26.93 FEET; THENCE SOUTH 86 ° 01' 28"WEST 43.55 FEET; THENCE NORTH 49° 09'06" WEST 39.12 FEET; THENCE NORTH 56° 55'02" WEST 44.09 FEET; THENCE SOUTH 32° 58'44" WEST 82.35 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 31; THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 53° 16'00" EAST 121.52 FEET, TO THE POINT OF BEGINNING. CONTAINING 11,984 SQFT, MORE OR LESS. APN: 336-17-006 END OF DESCRIPTION ATTACHED TO THIS LEGAL DESCRIPTION IS A PLAT WHICH IS MADE A PART HEREOF. ```00-ESS/p j •�-• -0GOM�e7 w O n1 No.C 30442 ° „. 33t-12 \" \K‘.-14i CIVIL SHEET 1 OF 2 SHEETS Resolution No.49-11 Page 7 0\0FESSj0, ,., NOTES: GRAPHIC SCALE e�,`p50114—c�� -ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 50 0 25 50 100 �9 w �o m LEGEND 1%1PM#INIMIIMMINNMI No.C 30442 -- (E) BOUNDARY LINE ' * a, 3.3I'12 * ' ROW AFTER 5.00' STREET DEDICATION 1"=50' `r)= CIVIL- �`\ • - - EASEMENT LINE • .,„,OF C.'". °F� OTHER LOTS "._;_ - - - CENTERLINE P.O.B. POINT OF BEGINNING 13...4.11.,„,..----101.86r - - - � _ � 1818=_ ` N 5,04' 5' STREET DEDICATION UNDER E —� 51'21'00 E — SEPARATE INSTRUMENT 14 32'58'44" 5 i' I � i / IN e ,823 rn 1 � / E = o � m Z � Iw / z m ui �,I , I `° LOT 31 � 'r W N O I N O�O z %1 H44 T O I N m In O" O O o ~I Iti° \`? . • d- d- `n O OPEN SPACE EASEMENT s . z.)./ z z I 11,984 SQFT 8' \ rn 25.00' o I \N°' % I \�' ci' 1 30.00' • 117.56' =�-cam _ _230.70'_ _ _ _ _ _ -4 % S 44'15'00" W 348.26' 5.00' P.O.B. LOT 32 SMP ENGINEERS EXHIBIT "A" PLAT MAP FOR THE OPEN DATE: SEPTEMBER 12, 2011 SgACE EASEMENT DEDICATION "`"`''"�-=� CIVIL ENGINEERS-LAND SURVEYORS SCALE : 1n=50' aq c° 24202 HILLVIEW RD. F-sx1534 CAROB LANE �:: SMP JOB NO.: 210096 LOS ALTOS HILLS, CAba-a LOS ALTOS, CA 94024 SHEET 2 OF 2 SHEETS APN: 336-17-006 411 • Parcel name: TOTAL PARCEL North: 996.42 East : 996.51 Line Course: S 44-15-00 W Length: 348.26 North: 746.96 East : 753.50 Line Course: N 53-16-00 W Length: 121. 52 North: 819.64 East : 656.11 Line Course: N 32-58-44 E Length: 184.21 North: 974.17 East : 756.38 Line Course: N 51-21-00 E Length: 184.92 North: 1089.66 East : 900.80 Line Course: S 45-45-00 E Length: 133.62 North: 996.42 East : 996.51 Perimeter: 972.53 Area: 50,676 sq Ft 1.16 Ac. Mapcheck Closure - (Uses listed courses, radii , and deltas) Error Closure: 0.00 Course: N 09-00-15 w Error North: 0.004 East : -0.001 Precision 1: 972,530,000.00 Parcel name: OPEN SPACE EASEMENT North: 831.16 East : 835.53 Line Course: S 44-15-00 W Length: 117.56 North: 746.96 East : 753. 50 Line Course: N 53-16-00 W Length: 121. 52 North: 819.64 East : 656.11 Line Course: N 32-58-44 E Length: 82.35 North: 888.71 East : 700.93 Line Course: 5 56-55-02 E Length: 44.09 North: 864.64 East : 737.87 Line Course: 5 49-09-06 E Length: 39.12 North: 839.06 East : 767.46 Line Course: N 86-01-28 E Length: 43.55 North: 842.07 East : 810.91 Line Course: 5 66-05-08 E Length: 26.93 North: 831.16 East : 835.52 Perimeter: 475.11 Area: 11,984 Sq Ft 0.28 Ac. Mapcheck Closure - (Uses listed courses, radii , and deltas) Error Closure: 0.01 Course: 5 32-05-40 w Error North: -0.006 East : -0.004 Precision 1: 47,511.00 Parcel name: REMAINDER PARCEL North: 996.42 East : 996.51 Line Course: 5 44-15-00 W Length: 230.70 North: 831.17 East : 835.53 Line Course: N 66-05-08 W Length: 26.93 Page 1 Resolution No.49-11 Page 9 • • North: 842.08 East : 810.91 Line Course: S 86-01-28 W Length: 43. 55 North: 839.06 East : 767.47 Line Course: N 49-09-06 W Length: 39.12 North: 864.65 East : 737.88 Line Course: N 56-55-02 W Length: 44.09 North: 888.72 East : 700.93 Line Course: N 32-58-44 E Length: 101.86 North: 974.17 East : 756.38 Line Course: N 51-21-00 E Length: 184.92 North: 1089.66 East : 900.80 Line Course: S 45-45-00 E Length: 133.62 North: 996.42 East : 996.51 Perimeter: 804.80 Area: 38,693 Sq Ft 0.89 Ac. Mapcheck Closure - (Uses listed courses, radii , and deltas) Error Closure: 0.00 Course: N 42-51-28 w Error North: 0.002 East : -0.002 Precision 1: 804,790,000.00 cq o �4 cPJ,v NO.C30442 ' 3-31-I2 , _ GIVtL / T�O} C ✓L�C;n.i Page 2 Resolution No.49-11 Page 10