HomeMy WebLinkAbout03-09 • •
RESOLUTION NO. 37-09
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands Wood)
WHEREAS, Peter Wood ("Owner") owns the property commonly known as 12400 Melody
Lane, 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 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 t Open Space Easement Agreement.
PASSED AND ADOPTED this S day of , 2009
<
BY:
Mayor
ATTEST:
,
City Clerk fir
• • Attachment A to Resolution 3-09
DOCUMENT: 20105130 Pages: 8
This Document Is Recorded
Fees. . . . No Fees
For the Benefit of the 11 111 I III Ell 11 T axes. . .
Copies.
Town of Los Altos Hills AMT PA 1 D
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383 REGINA ALCOMENDRAS RDE # 007
SANTA CLARA COUNTY RECORDER 1/20/2009
When Recorded,Mail to: Recorded at the request of 1 1 :26-AM
Town of Los Altos Hills County Agency
26379 Fremont Road
Los Altos Hills,CA 94022 [
Attention: City Clerk
AGREEMENT FOR OPEN SPACE EASEMENT
This nAs.reement fo Open Space Easement ("Agreement") is made and
entered into this lit day of , ,<< .� ; , lit; , by and between Peter Wood
("Owner") and the Town of es Alos Hills, a unicipal corporation, ("Town").
RECITALS
A. Owner owns that certain real property in the Town of Los Altos Hills
commonly known as 12400 Melody Lane 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 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, 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.
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.
O R:
Date: e.7eT 2 4- , 2008 `
Peter Wood
TOWN OF LOS ALTOS HILLS:
Dat /I.4 tAlui7
Mayor
A1"1'hST: �
City Cler...
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. .
• •
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California ‘,/,60,446--
County of
On arc 2-Y61 before me, 7^ 1 Wf r
• onto Ham Innn Nnm�nn fltla ofjpc~''
personally appeared Pe-5., ,,,k
Nemo" (s'or Slpner(e) e)
• who proved to me on the basis of satisfactory evidence to •
be the personcs6hose names rs/amrsubscribed to the
within instrument and acknowledged to me that
hefshefthey executed the same in his/f their authorized
capacity and that by histher/tfteir signature(`5`j�on the
instrument the person(sor the entity upon behalf of
`° < PEGGY YEUNG -. which the person f acted, executed the instrument.
,� F,=��% COMM.#1615971
F et NOTARY PUBLIC•CAUFORNIA t
J SANTA CLARA COUNTY I certify under PENALTY OF PERJURY under the lawsi '4LiF"
Comm.Expires Oct.24.2009 of the State of California that the foregoing paragraph Is
true and correct.
WITNESS my hand a ' ial se .
Signature .--.. .
Place Notary Seel Above Sig .n Nptery Public
OPTIONAL v". 9
Though the Information below is not required by lave, it may prove valuable to persons relying on the documen
end could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document ,`
Title or Type of Document:___,_„ � � ��� V ✓ ipe4
Document Date: _____ Number of Pages:
Signer(s) Other Than Named Above: _.._�.._ .
Capacity(Ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
U Individual 17 Individual
❑ Corporate Officer—Title(s): . U Corporate Officer—Tltle(s):
Fl Partner—❑ Limited LI General 0 Partner—❑ Limited E General R1GHTTHUMt3FRlFt
RIGHTTHUMGPRINT
J Attorney in Fact OP SIGNER 0 Attorney in Fact Or SIGNER
Top of thumb hcrC Top of Ihurnl)ncrc
7 Trustee 0 Trustee
U Guardian or Conservator LI Guardian or Conservator
rl Other: 0 Other:
Signer Is Representing: Signer Is Representing:
•
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02007 Nmlannl Nrtery A.S5ocletion•0350 De Soto Ave.P.J.box 2402•Chatnverth,CA 91313,2402•www.NatlonigN tary.orp Item 05907 Reorder:GMTeil-Frnn1,no0.976-oRs7
• •
Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
•
Proposed Conservation Easement at Lands of Wood, 12400 Melody Lane, Los Altos Hills, CA
Lands within
APN: 182-11-029
Prepared by: Jeffrey M. Barnea
Date: October 30, 2008
PROPERTY DESCRIPTION
for
Conservation Easement
A portion of Lot 7 as designated on the Map entitled"Tract No. 1836 Gover -
Subdivision...", which Map was filed in the Office of the Recorder of the County of Santa Clara
County, State of California on November 20, 1956 in Book 73 of Maps at Page 39, and being
more particularly described as follows:
BEGINNING at the most westerly corner of said Lot 7 as shown upon the said Map filed
in Book 73 of Maps at Page 39; thence along the northerly perimeter of said Lot 7 the following
courses: North 47°39'02" East 107.72 feet, North 62°33'08"East 135.57 feet, South 65°40'
22" East 89.02 feet, S 88°53'18"East 116.27 feet, South 69°07'56" East 108.95 feet, and
South 61°27'24" East 184.27 feet to the northeast corner of said Lot 7; thence along.the
southeasterly line of said Lot 7, South 35°30'00" West, 62.73 feet; thence leaving said,
southeasterly line of Lot 7 through the following courses: North 67°13'24" West 23.01 feet,
North 64°21'54" West 38.33 feet,North 56°39'42" West 35.89 feet, North 64°45'10" West
25.99 feet, North 63°40'01"West 69.05 feet, North 80°38'41" West 13.40 feet, North 85°06'
39" West 18.00 feet, North 88°45'59"West 32.52 feet, South 76°25'32" West 33.67 feet, '
South 83°42'04" West 28.85 feet, North 74°33'08" West 150.41 feet, South 50°07'58" West
32.97 feet, South 19°36'27" West 22.37 feet, South 18°59'34" West 23.34 feet, South 16°
34' 08" East 8.32 feet, South 70°16'01" East 129.94 feet, South 6°14'36" West 32.22 feet,
South 0°52'06" West 32.81 feet, South 0°31'44" East 29.20 feet and South 4°15'37"East
46.10 feet to the southerly line of said Lot 7; thence along the southerly and southwesterly lines
of said Lot 7, South 89°28'16" West 49.50 feet, North 44°01'05" West 96.60 feet, and
North 45°24'13" West, 211.63 feet to the most westerly corner of said Lot 7 and the POINT OF
BEGINNING.
This portion of land within said Lot 7 contains 1.79 Acres of land, more or less, and is
shown upon the attached EXHIBIT"B"plat and\made a part hereof.
�N1D
EXHIBIT"A" E
Sheet 1 of 2 / '' UC'E7044
T"!
//3b/Dr �` .O �rA1a�x�
. "41/
`P.O.B.
(N 47039'02"E (N62°33'08''E '-u,
Proposed Conservation
107.72 ), , 135.57') , Easement Area (dotted
s° area, 1.79 Acres +/-) Al
S 19°36'27"W 4) o_ 0
22.37' S 50 07,'S8"W -o �
S 18°59'34"W 32.97' J ��
n° 23.34' . . . ;. . SCALE: 1"=80'
S 16.34'08"E t7 s,6
w . . . 8.32 , •?�
sem,
d=;
�j•.•!y
w �• ••.� \. • S 83°42'04"W
off. '•. . . 28.85' N.
01-• 'T S 76°25'32"W 6'P�
.`;',\• 33.67' `90� o
-. ..... /
13.40'
,. • • •N8038'41"IN"
32.14'3r E
N 88'45'59"
el rn 32.52'
a0 N 85°06'39"W (P.- - - - - - • •• -
S,N 32 811'06 W 18.00' -0 �o� Cr)
I.
•Q9 S 031'44"E Lands of Wood \ -
0' -; 29.20' N 64'45'10"W do `J-'-
S 4°15'37"E 12400 Melody Lane 25.99' �1; aJ
46.10' N 56°39'42"W—
Los Altos Hills, CA 35 89'
S
. LEGEND 8`�2�. APN: 182-11-029 N 64°21'54"W
76,E . 38.33' �. 33� . .
ooy N67°13'24"W�"N• "62
( ) Record information. •6'7, 23,01'
203.23`1
aVI
Proposed Conservation Area(dotted area). (s36'3V°°
P.O.B. Point of Beginning.
Cl,
Cho
PLAT TO ACCOMPANY gt°►;Ast,,Q
LEGAL DESCRIPTION i�,t,/� ki A=\ m ••
i > fJ// ,' ` * ,
�e 4
LIC.
OR cA61.t*;/ ° --.
Kt-,
co
co 03
V`.
Je ey . :amea, L.S. 7044 Date m
License expires 12-31-08 J �/ A=48°07'37"
�o4� R=40.00'
�
EXHIBIT "B" Sheet 2 of 2 :". \ L =33.60'
•
3=.09
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(Lands Wood)
WHEREAS,Peter Wood("Owner") owns the property commonly known as 12400 Melody
Lane, 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 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 t Open Space Easement Agreement.
PASSED AND ADOPTED this S day of , 2009
BY:
Mayor
ATTEST:
Certified as a true copy
City Clerk .
C:y Clork of t'Q Town o Los Altos Fails