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RESOLUTION NO. 4 3--10
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands Doty)
WHEREAS, James and Maria Doty ("Owner") owns the property commonly known as
14190 Amherst Court, 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 Owner has offered to enter into an agreement for open space easement
attached toResolutionasAttachment this A achment 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 th- Open Space Easement Agreement.
PASSED AND ADOPTED this /6 y of //If��.112010
BY:
May•.
ATT ST:
City Clerk
titkiedynea ( soiutitk
•
This Document Is Recorded
For the Benefit of the DOCUMENT: 20906183 Pages: 10
Town of Los Altos Hills 0,111111 II ill 0
And is Exempt from Fee Fees. . . . * No Fees
Per Government Code Taxes. . .
Sections 6103 and 27383 Copies. .
AMT PAID
When Recorded,Mail to:
REGINA ALCOMENDRAS RDE # 008
Town-of.Los Altos Hills SANTA CLARA COUNTY RECORDER 10/07/2010
26379 Fremont Road Recorded at the request of 3:58 PM
Los Altos Hills, CA 94022 Ci ty
Attention: City Clerk
AGREEMENT FOR OPEN SPACE EASEMENT
.This Agreement fo Open Sp.ce Easement ("Agreement") is made and
entered'into ,this 'day of fr;p ' I' , 2010, by and between James and
Maria Doty, ("Owner") and the swn of Los Altos Hills, a municipal corporation,
("ToYvn' ) .
RECITALS
A. Owner owns that certain real property in the Town of Los Altos Hills
commonly known as 14190 Amherst Court, 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
• •
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.
1 •
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:
Date: /pc) . , 2010
ames Doty
Date: #02/ , 2010
Maria Doty
TOWN OF LOS ALTOS HILLS:
Date: gill & , 2010
Mayor r
ATTEST:
City Clerk 40
• •
•
STATE OF CALIFORNIA )
A� ss:
COUNTY OF/' l _)
J�yL4 ' K E,eNaN�EZ, No>a�y P�S�1iL
, 2010, before me, , personally appeared
3avhe5 gotRg Do , personally known to me (or 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(s), 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.
J.ANTONIA K. HERNANDEZ
WITNESS my hand and official seal. "" commission# 1864766
z .%lam'
; �-+r' Notary Public-California z
STATE OF CALIFORNIA )
) ss:
COUNTY OFr,r54
On 7-1 , 2010, before me,-I«Lt•. personally appeared
liAorea. tlarci ,personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(V) whose name(r) is/ape subscribed to the within instrument
and acknowledged to me that ire/she/they executed the same inhis/her/theip authorized
capacity(ies), and,that by iris/he—their signature(s)on the instrument the person(*), or the
entity upon behalf of which the person( '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. JIM LEACH
Commission# 1833218
Z -( ; Notary Public-California
z "lirSan Francisco County D
Signature My Comm.Expires Jan 25,2013
/
•
- Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
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Page 1 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
FOR OPEN SPACE EASEMENT
AT
14190 AMHERST COURT,LOS ALTOS HILLS
SANTA CLARA COUNTY, CALIFORNIA
All that certain real property situate in the Town of Los Altos Hills, County of Santa
Clara,State of California,being a portion of Lot 11 as said Lot is shown on that certain
Map entitled"Tract No. 3306 Page Mill Estates"filed in the Office of the Recorder of
said County and State on October 23, 1962 in Book 153 of Maps at Pages 40 through 42,
and being more particularly described as follows:
Beginning at the northeasterly corner of said Lot 11;thence along the easterly line of said
Lot South 66°46'00"West 57.05 feet;
Thence South 48°03'20" West 40.53 feet;
Thence South 11°08'10"East 32.95 feet;
Thence South 6°41'04" West 65.25 feet to the southeasterly corner of said Lot;
Thence along the southerly line of said Lot North 60°00'00"West 49.66 feet;
Thence leaving said southerly line North 43°34'55"East 19.39 feet;
Thence North 27°31'01" West 14.22 feet to the beginning of a tangent curve to the right
having a radius of 58.00 feet;
Thence northerly along said curve through a central angle of 37°23'10",a distance of
37.85 feet to the beginning of a compound curve having a radius of 90.00 feet, and
having a radial bearing of North 80°07'51" West;
r
Thence northerly along said curve through a central angle of 33°06'15", a distance of
52.00 feet to the beginning of a compound curve having a radius of 86.00 feet, and
having a radial bearing of North 47°01'36"West;
Thence easterly along said curve through a central angle of 21°09'01", a distance of
31.75 feet;
Thence tangent from said curve North 64°07'25"East 40.36 feet to the northerly line of
said Lot;
II •
Exhibit"A" Page 2 of 2
Thence along said northerly line South 60°00'00"East 47.56 feet to the Point of
Beginning.
Containing an area of 7,849 square feet,more or less.
End of Description.
As shown on Exhibit"B",the plat attached hereto and made a part hereof.
Description prepared by MacLeod and Associates,Inc.
,
,..,..-
•- i
Daniel G. MacLeod SL.S. 5304
3-2t-y /6 00/o
Date r
1 vpQ' Opp
* No. 5304
F OF CA\-\c.#'
EXHIBIT "B" PAGE 1 OF 1
LOT 12
S 60'00'00" E 288.34'
- - - POINT OF
g 47 56'�O
r � y��f' BEGINNING
d risy�/ H l eyt �-,
I �f .l--------,---- ---7,04;:"// �
/^ ,- fes'' f- �"�OT
r LOT 11 ��� � va�6�/ � o
�frWo /,fes A.
IV
153 MAPS 40-42 I 07 � � �''�
R=86.00' �; ��kis o yy � ',
D=21'09'01"� '4- Oe ay'33 ��
L=31.75' I fi
'� R, l RSOfr ,' 0
i----- W� *"-..,,,--------4„.„--,„--. ...,,,*
I • Av
O
EXISTING 20'-WIDE SANITARY-� � y{yew- o Q'
SEWER AND UTILITIES EASEMENT
,�%�� � o
PROPOSED OPEN 3 \\\
SPACE EASEMENT --,x-9,-;;A,--e,3 s
7 849± SQ. FT. � ' '���,, 2 '�•
R=90.00 �1-�"`-,- �� % :',2: , O6
D=33'06'15" I -.1-----0-5„,,, ,-,-.,- ,,,,-,-,---.,„,-"� 5. � , , ops '- F`
1d' iN / P� � W
L=52.00 � ::..-4... .-,,---,,,,,,,,,,,--'
y� �-
`$A.,t -�-�/t %°`'°rte /
fJ -F,,- ,'--:-5~."";" %,'*;-'
, hiss
11 0 ' (3%0V `k8� PL :
R=58.00. n S..vim OOH fir,,,, * �Z
D=3723 10 1 .- %� p,AN �r� 9
L=37.85' %o`.
��0 ��ya'may s`
I N 2T31�01" 1/11--4.-�-�rWm 'f,e��' �'�
I1 4.22 I '`/,twiy�r�i
N 43'34 55 E - A.., ,'r� '�LI'
y
I 19.39' I L y C 9. ,�` f
49 66 % , :
N 60'00'00" W 303.62'
LOT 10
TITLE: PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR
LAND PROPOSED OPEN SPACE EASEMENT
�Q�� G • MocsG TOWN OF LOS ALTOS HILLS SANTA CLARA COUNTY CALIFORNIA
_�? !o'p , PREPARED FOR: DR. JAMES AND MASHA DOTY
73 1 = 30' 07-1 6 10 3266-10
4, o. 5304 * 0 p
e
Kac�L[�OD a[�D QssOCOQTES
4, ���� CIVIL ENGINEERING • LAND SURVEYING
- OF CP--\C 965 CENTER STREET SAN CARLOS CA 94070 (650) 593-8580
Alk
•
RESOLUTION NO. 4 3--10
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
ands Doty)
t3')
WHEREAS, James and Maria Doty ("Owner") owns the property commonly known as
14190 Amherst Court, 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 Owner has 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 orderto 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 th- Open Space Easement Agreement.
PASSED AND ADOPTED this / day of 01/ , 2010
BY: / --
May
AT ST:
City Clerk
S
I, Karen Jost, duly appointed City Clerk for the Town of Los Altos Hills, do
hereby certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing is true and correct.
WITNESS my hand and official seal.
Karen Jost, City ip
Date:October 7, 2010
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022